No documented right of access for new development

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    No documented right of access for new development

    Several planning applications have been made by the owner of a property behind my sister's bungalow to demolish an existing five bedroom Georgian style property constructed about 30 years ago and replace it with several small blocks of flats

    The most recent planning application was rejected as overbearing in the size of the buildings and the effect this would have on the surrounding area.

    The access to the site is by single width driveway between my sister's bungalow and the adjoining property. This driveway leads onto a private road and the responsibility for maintenance of the road and covenants is in the hands of Trustees who I believe are elected by residents forming the scheme.

    The current owner of the redevelopment property has no documented access rights to and use of the private road.

    For starters I have put the following questions to the Chairman of the Trustees on behalf of my sister.
    The market value of Property X as a single dwelling but without documented right of access.

    The market value of Property X as a single dwelling but with documented right of access

    Whether the owner of developer would able to claim right of access by precedent (i.e for how many years have the Trust condoned the unauthorised access or have the Trust continually drawn the attention of the owner/s of Property X to negotiate a documented access?)

    Would it be possible by legal action for the owner or developer of Property X to ratify on deed what has been established in practice?

    What are the chances of the Trust being able to oppose such ratification.

    Would the owner or developers of Property X be prepared to make a payment to the Trust for the right of access to avoid such legal action. Presumably the costs of legal action for all parties are an incentive for a negotiated settlement.

    Am I correct in thinking that the difference in value between the Trust approved redevelopment and the maximum density redevelopment represents a reasonable price for the granting of access rights? Is there a figure for this?

    Would I be correct in thinking that the solicitors acting on behalf of prospective purchasers of Property X (or properties built by a developer on the site of Property X) would advise the purchaser not to complete because of doubtful right of access?

    The idea I floated to Patricia was if the Trust need to raise substantial funds to fight a potentially successful Court case might there be sufficient members of the Trust who would be willing to organise and participate in an alternative action. I had in mind the possibility of the Trust acquiring the site to sort out the deeds and resell the site with the benefit of planning permission and covenants restricting overdevelopment. Could such a venture be organised via a potentially profit making Company controlled by the members of the Trust with non investing members entitled to a minority proportion of shares free of charge. The majority of shares might be allocated on the basis of sharing the investment level needed. Presumably if things were done with the expertise I can see in the Trust the Company concerned would be able to raise a mortgage to complete the objectives. Forgive me for floating the idea if it is completely off track!!
    Any guidance as to the answers I might expect and additional questions would be appreciated.

    There is one resident, who is also a member of the Trust, who is totally opposed to negotiations that will result in the Trust condoning an intensive redevelopment.

    I've suggested my sister talk to this dissenting member with view to an alternative plan. Would something along these lines have any chance of success?

    There is also a second copy and you might like to consider letting your neighbour ,who takes the “no negotiating” stance ,have a look at it. Maybe that neighbour would like the Trust to take a stronger position on certain issues.

    Perhaps you could both consult a “no win- no fee lawyer” to consider whether an injunction could be taken out to prevent any redevelopment plans until such time as the rights of access are resolved with the Trust. (of which you are members)

    Maybe a secondary injunction against the Trust preventing them granting access that would cause distress and serious loss of privacy.

    You and your “non-negotiating” neighbour would then have substantial control over the situation and the owner or developers of Property X might be willing to consider substantial compensation if the injunctions were withdrawn.

    Do I recall correctly the Trust were somewhat laid back in getting all properties using the access road to contribute to maintenance repairs . Did the Trust opt out of enforcement of the charges (or fees for access rights) for certain owners.

    An added future question for Chairman of the Trust is has the owner of Property X contributed to road maintenance charges? If he has then I’m wondering to what extent that may bear on the issue as to whether access rights have been recognised by the Trust.
    Guidance would be appreciated as to what might be valid arguments and possibilities and which are non-starters. All guidance would be helpful.
    Vic - wicked landlord
    Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
    Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

    #2
    Legal & Planning

    Thank you for your post...

    Its seems to me that there are two routes to consider... the legal implications and the planning ones...

    I am not expert enough on legal issues to comment, I'm afraid... but it does seem clear that you could rack up very large costs in trying to block the scheme via the legal route... do you agree??

    But there might be a more simple answer... why not follow the planning route as the principal way of stopping the proposals (if that is indeed your aim)???

    You could instruct a planning consultant to object on behalf of you and your group and hopefully you will ensure that all future schemes are also rejected. Another approach might be to object to ensure that the development is of a smaller scale and in keeping with the surrounding area, rather than an outright block...

    An effective planning stratgey might be a useful route for you...

    I do hope this helps.. why not post the legal aspects of your question on the commercial property part of this forum??

    Regards,

    PETER

    Comment


      #3
      Thanks Peter

      The Trust do have a Planning Consultant and have so far objected to several schemes each of which have been subject of a Planning Inquiry.

      The developer is gradually reducing the size and impact of the proposed redevelopment and it is felt that eventually a proposal will be put that will satisfy the Council or will be won on appeal.

      In these circumstances the legal route may be the only option and I was interested to know the strengths and weaknesses of that approach.

      As you suggest I'll pop the question on the Commercial forum too.

      Regards

      Vic
      Vic - wicked landlord
      Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
      Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

      Comment


        #4
        Good Luck!!

        I am sorry I cant really help... but it does seem that you should explore the legal route... Hopefully you will find a good solictor...

        Best of luck!! PETER

        Comment


          #5
          This driveway leads onto a private road and the responsibility for maintenance of the road and covenants is in the hands of Trustees who I believe are elected by residents forming the scheme.
          "private road" is not very informative. It is not uncommon to find roads which have not been adopted by the local authority which nonetheless people other than those who have covenanted to maintain it have the right to use.

          You mention "trustees". I presume that a trust (with its own legal personality) exists and owns the road? I only ask because, again not infrequently, I come accross residents associations and the like who are really just an informal collection of individuals which has no disticnt legal personality. You will appreaciate that the trust must have its own legal personality in order to own anything or have any rights of its own.

          Perhaps if you could clarify those points I can help further.
          NOTE: Steven Palmer BSc (Hons) MRICS MBEng is an official LandlordZONE Topic Expert and a Director of Davisons Palmer Lim Any advice given by Steven in this Forum is of a general nature only and should not be acted upon without first obtaining advice specific to your problem/situation from a professional.

          Comment


            #6
            Thanks Steve.......

            That was indeed some further information I was seeking through my sister and the Trustees.

            The points I have made to the Trust have resulted in the developers approaching my sister with some placatory proposals to try to ensure the Trust and my sister are able to withdraw objections to the proposed development.

            As indicated my involvement was at the last minute and much background information was needed.
            Vic - wicked landlord
            Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
            Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

            Comment

            Latest Activity

            Collapse

            Working...
            X