Private Road Planning Permission

[AlThornfield]

Hoping for some advice...

I live on a private lane which is part of my overall plot, sold with the house and I am solely responsible for upkeep and maintenance.

The lane is single track, unnamed and small in size with 4 houses along the sides, each have rights of access to their residence. At the end of the lane is a livery/stables including the owners house. My lane is the only road access in or out of the livery/stables. They have rights of access to the livery/stable.

The owner of the livery/stables wants to sell some of their land to developers to build 2 houses. Based on the size of the land they are looking to sell, I would estimate 3-4 bedrooms each.

I an not keen on the idea, one of the main factors for buying our house was the country side and small village location.

I would like to understand what rights I have regarding objecting to planning permission or alowing access down the lane I own to the site planned for the build. I read somewhere that access rights on a private road granted/operated for one reason (in this case, agriculture including the residence of the farm) would not apply If the use changed (to other residential for example).

Any thoughts?

[des8]

Hi and welcome
Really need to see the exact wording of the easement before commenting

[AlThornfield]

Thanks. Looking at the original easement from 1967 states “A right of way with or without vehicles but for domestic purposes only over and along the area covered...”. Said area being the lane that is part of my property. It does say that the easement will pass down to successors but is silent on any further housing developments. It is specific for that property only though so it would seem that any further developments would need to arrange for their own right of access?

[des8]

It does depend on the exact complete wording. but if it is for "that property" it may well include any further dwellings that are erected on that property.
The owner of the dominant tenement is not restricted to using his land as he was at the time he became the owner of the easement. The courts will generally permit him to develop the land in some “normal” manner.

However the easement is for "domestic purposes" so development work is hardly that !

I suggest you obtain face to face legal advice if you wish to oppose this development.