Right of Way - Can it change due to change of land use?

[harri]

Hi forum
The previous owner of our farm maintained a small piece of agricultural land that is accessed through our farmyard. The deeds clearly highlight that this access is for agricultural purposes only. However the previous owner has now decided to start building an accommodation in a barn (without planning permission) and therefore is looking to access over our farmyard for residential purposes.

If the owner applies for retrospective planning and it is given does that also give them residential access rights over our property? Do the access rights written in a deed superceed any other access rights, i.e. access for necessity etc?

Happy to answer any questions or clarifications!

[dslippy]

"The deeds clearly highlight that this access is for agricultural purposes only. "
What exact words are used?
Planning consent has no implication for land use rights.

[harri]

It States:

Rights granted for the benefit of the property

"a right-of-way for agricultural purposes only with or without vehicles at all time of the day and/or night over the track way coloured green on the plan subject to the transferee and their successes in title paying according to a fair proportion of the cost of repairing the trackway coloured green"