Proposed Housing Development off Private Road

[AndrewS]

Hi, hoping for some guidance in terms of our rights and best way forward please.

A developer has purchased some agricultural land accessed from a gate at the end of one of the roads in our small estate and proposes to build 17 houses on it.
Quite apart from the fact that these houses are not in keeping with the immediate area (which is around 20 plots, almost entirely detached bungalows) and will cause significant overlooking for some residents, we're most annoyed by the fact that the existing residents own the roads to the centre-line for the width of our frontage and are responsible for its upkeep. I believe it is a public highway, despite being unadopted. It is certainly used by many locals, not just those who own it* The road is mostly a mixture of mud and hardcore that residents have banged in to attempt to keep it passable. There are also significant drainage issues, and the development (on the highest ground) will make this infinitely worse.
As you can imagine, the construction of 17 houses is going to turn this into a quagmire and the developer and future occupants are seemingly not going to pay a penny towards the upkeep.

Initially the developer's transport statement implied that they would make up the road within the development to adoptable standards subject to a Section 38 Agreement, to which Highways responded that they would require the private roads used for access to the site from the public highway to be made up to adoptable standards too. Whilst we don't want the new houses at all, this did seem like a reasonable way forward if it were approved. However the developer now says he will not be offering his estate road for adoption, and so Highways respond that they now 'raise no objection' because the matter does not concern the authority!

The application has been referred to the Planning Committee, and it seems the dozens of reasons why this development is undesirable will be put aside in favour of the incessant demand for housing in our district (Swale, Kent). The fact that this development needs to use our private roads seems our best and possibly only line of defence - but we have little idea of the legalities.

Please can somebody outline some possible routes to help prevent the development, or at the very least seek to ensure the road is made up at the developer's expense?

Thanks,
Andrew

[des8]

As the privately owned road is already confirmed as a public highway it is the width of the road that will influence a planning decision as to whether the development will be granted permission.

Does the land meet the requirements of the Local Planning Authority (LPA) regarding residential density acceptable in this particular location?
Is it within the LPA's defined development envelope?
Is the road wide enough for the anticipated additional traffic flow?


Try and get your local councillor to support your objections, if he is on the planning committee even more so you want his support.
*

[AndrewS]

Thanks for the prompt reply. Land is not in the current Local Plan and is designated as open countryside, but all those things don't seem to matter round here and the need to supply ever more housing trumps just about everything, even though it is well known that local infrastructure is already stretched beyond the limit. The developer knows damn well that the council can bend whatever rules they need to and the council is only looking for 'material matters' that would give them reason not to approve - and they're far more concerned about the possibility of legal costs if the developer appeals than the fact that this is a wholly inappropriate place to build these houses. The density meets requirements (in fact insufficient density was one of the reasons why a previous application some 15 years ago was refused, which would have been far more agreeable being half the number of houses).
I think the road is technically wide enough to support the traffic but NOT in its current state, and as mentioned the developer has no intention of making it up to an acceptable standard, whether adopted or not. And I still don't get how they can 'take' the land that people own in front of their property to make up that width, even if it's just a theoretical exercise.
Having read a few other posts I was hoping we might have a case that the existing right of way to the land is for agricultural use only and that this development constitutes a significant change, enabling us to refuse access or obtain some form of 'compensation' for the easement.
Councillor is on board and is the reason it has been referred to the planning committee. Not sure who sits on it though.

[des8]

"the existing right of way to the land is for agricultural use only "

Is there a covenant or easement that states that, or is it just a hope.

Earlier you stated it was a public highway.... are you sure it is a public right of way?*https://www.nationalarchives.gov.uk/...rights-of-way/

[AndrewS]

Thanks for the reply - sorry only just seen this as I came back to check for any responses; it says I'm subscribed but I don't seem to have had an email.

Anyway, yes it is just a hope ref the agricultural use, and I don't really have a clue as to how I'd find out.

Regarding the public highway I had a feeling my solicitor said this when I was querying my responsibilities regarding the upkeep of the road. Or maybe a public right of way. The plot is at the end of a cul de sac which is owned jointly by all of the residents on each side, but they've probably had unrestricted access to the plot for 20 years. For most of that time it's actually had a fence or gate across the entrance and has been completely left to grow wild, but they've recently bulldozed it flat killing or driving out all the wildlife, which is another thing to be annoyed about. After much reading I'm really no wiser than when I started. Thanks for the link but it looks like I will have to contact my local authority, who are pretty useless in most respects and will have probably closed the department that looks after this type of thing.

[AndrewS]

Ah I've just found I can view the definitive map at my local library (not online), thanks for the pointer.

[des8]

Your Land registry file might include a reference to an easement (cost £3)* *https://eservices.landregistry.gov.u...EnquiryInit.do