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The planning permission for this development has been declined 3 times by the local Council, (not because of frontageing issues as Councils will not be drawn in to implications regarding private/un-adopted roads, but regarding placement of the building, overlooking issues, etc. The developer has thus appealed to the Secretary of State to revoke the Council's decisions and it now looks very possible that the development may go ahead. This would constitute a nightmare to the current residents of the un-adopted road due to parking issues, destruction of the road (it is unmade), the narrowness of the road at the proposed development site potentially impeding access to emergency services (there is a locked gate at the other end of the road with cars parked in front of it - so no access there) road safety issues, (there are no pavements), to mention but a few of the adverse effects of having such a construction in such a location.
My question is would a non frontager legally be allowed to install his own accesses to the un-adopted road purely in order to build a house on his plot - which is the severed garden to a property he owns on a different road - to be made feasible? There has already been a dispute between a resident in the un-adopted road and the developer - the developer claiming that the resident was parking on "his land" - albeit it was an area on the un-adopted road.
Any advice or suggestions would be much appreciated.
My question is would a non frontager legally be allowed to install his own accesses to the un-adopted road purely in order to build a house on his plot - which is the severed garden to a property he owns on a different road - to be made feasible? There has already been a dispute between a resident in the un-adopted road and the developer - the developer claiming that the resident was parking on "his land" - albeit it was an area on the un-adopted road.
Any advice or suggestions would be much appreciated.
