widening of vehicular access

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    widening of vehicular access

    We have a shared driveway, of which we own the freehold, serving two properties. This access is onto a private road. We would both like to widen the access; would we require any permissions other than that from the owner of the private road?

    #2
    As you are not making alterations to an access onto a Classified Road, and provided that you have not had permitted development rights removed from your property, I do not consider you would need planning permission for the proposed works. If resurfacing the driveway or creating new hardstanding you should ensure you use a porous material e.g. block paving.

    Regards

    Rob Duncan

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      #3
      Thank you for your response. Would our being a listed building in a conservation area have any bearing on this?

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        #4
        makes it even harder. You'd need listed building consent for any changes to anything within the curtilege. this includes ANYTHING right up to the legal boundary. first point of call is you local conservation officer for an infomal discussion. take a plan and some photos. In a conservation area there is a principle whereby any alteration has to actually ENHANCE a conservation area. It's a bit of an odd concept, but comes from a case heard concerning a conservation area in Camden (where two old dears in the late 1980s defeated an application being appealled on the basis that the application did not enhance the conservation area)

        At risk of being a bit of an anorak on such matters its known as the steinberg principle and you'll find articles on point on the net

        Of course, the other option, given that you are likely to be turned down, is just do it and fill the verge where you widen it with some pea shingle, worst case if anyone complains say how terribly sorry you are, didnt think anyone would mind and put it back exactly as it was. Its unlikely that some jobsworth would fine you. If your house is on a green, you might discover that you dont own the verge, and it belongs as many do where houses abut greens owned by them to the National Trust whose only interest, in reality, going on recent form, will be to try to extract some dosh out of you for consent. "And why not?" as Barrie Norman used to put it?

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          #5
          The fact that your property is Listed and within a Conservation does not affect your Permitted Development entitlement to carry out the works. However, even though you wont require planning permission, you will almost certainly require Listed Building Consent. You should contact your Local Council in this regard. The main issue the Council will consider is the impact of the access on the setting of the Listed Building. The Conservation Area status of the land shouldnt be taken into account, as you will only be seeking Listed Building Consent. If they query things from a planning perspective you need to draw their attention to Class F of the Permitted Development Order (2008 revision), the text of which is below.

          Regards

          Rob Duncan

          Permitted development
          F. Development consisting of—
          (a) the provision within the curtilage of a dwellinghouse of a hard surface for any
          purpose incidental to the enjoyment of the dwellinghouse as such; or
          (b) the replacement in whole or in part of such a surface.
          Conditions
          F.1 Development is permitted by Class F subject to the condition that where—
          (a) the hard surface would be situated on land between a wall forming the principal
          elevation of the dwellinghouse and a highway, and
          (b) the area of ground covered by the hard surface, or the area of hard surface
          replaced, would exceed 5 square metres,
          either the hard surface shall be made of porous materials, or provision shall be made to
          direct run-off water from the hard surface to a permeable or porous area or surface within
          the curtilage of the dwellinghouse[/I].[/I]

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            #6
            Are there any trees that will need to be trimmed or felled in order for your proposal to be implemented? Any ancient holly hedges that you would need to grub up?

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              #7
              This sounds promising in that the widening of the access would actually be along the frontage of the neighbouring property which is not listed. My take on this, in view of the responses, would be to widen the access, with the consent of the neighbours, and see what happens. It would mean dropping the kerb and re-tarmacing but as it is onto a private tarmac road there are no verges to cross.

              Comment


                #8
                Reference to Part 1 Class F is for development within the curtilage of a dwellinghouse, which may not be the case if this drive is shared and is considered to be outside of the curtilage of the house.
                In that case look at Part 2 Class B of the GPDO which deals with Minor Operations
                Class B
                Permitted development

                B. The formation, laying out and construction of a means of access to a highway which is not a trunk road or a classified road, where that access is required in connection with development permitted by any Class in this Schedule (other than by Class A of this Part).

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