Applying for Planning Permission on a private road

[Barbiedoll]

Hoping for comments from the more experienced. Four plot owners including me are applying for permission to build four detached houses on brown belt land,
the access is in through my plot, but from a private road. The private road is limited to access for residents etc. Two of them are being deliberately difficult, one
is parking on my verge that would be the way in, preventing viewings, anywhere for me to park when I visit, as its a narrow country lane, getting this space
back is vital, but the resident who keeps parking there says he is entitled, a long term previous owner up to 2009 did not drive so no precedent has been set.

Another resident has fenced my plot in, so I cannot get from the verge into the plot, and her Solicitor is refusing to make her take it down, she lives along a little,
but this fence is not a boundary fence, and it does not touch her land. If anyone goes there to assess, measure, take down the fence or anything
else, both these residents hurl abuse at them, they even blocked us in, and the Police had to be called to let us out, they do not want to get
involved saying its a civil matter. Any ideas.

[des8]

Re: Applying for Planning Permission on a private road

I suspect this will end up with you having to obtain a court order telling them to desist.

Has the fence been erected on your land?
Who owns the verge you describe as "my verge"? Is it part of the private road? who owns the private road?

[Crazy council]

Re: Applying for Planning Permission on a private road

Had similar.

Establishing the access/right of way/maintenance.

Depending on when the plot was split, you would want the following docs

1. Deads and covenant for any property's that border it, plus your plot
2. Local area plan ( sometime the highway plans as well )

Look for highway access to your entrance, if that HA is to a private ( or adopted road ) , the property that boarder that road may have some provisions on there deads for allowing free travel over the land ( odd wording in deads to stop anyone blocking, but allow people to do works )

What to watch out for

The wording on the individual deads, and the covernat ( deed ) used when the land was first split injto parcels ( if that the case, larger bit of land slip down ), doesnt always match up. Start with the original deed, and work away from that. The area plan ( from the council ) as well may help with indications as to wither it will be possible to get the planning

Would they take a sweenter to stop objecting ( landscape there gardens or rebuild walls, ect ).. as cold as it seems, money is usually the route to people objections, and although costly in the first place, an argumentative neighbor can cause all sorts of costs and delays, even when you have the full rights and authority's to do what your doing.

[Unregistered]

Re: Applying for Planning Permission on a private road

Thankyou for the responses. The verge on the private road is mine, and is included in the title
deed when I sold off the house and kept the rear garden. There are residents who have had their curtiledge
boundaries redrawn, and who own the verge both sides and the road, this gives them uninterupted
right to park on both sides of the road. I own the verge on my side, where there are currently
no houses, but the relatively new owner of the house opposite my verge admits it is
not his, his own boundary includes the verge his side, but not the road, or verge opposite (mine)
but says years of previous owners parking gives him the right to park on my verge, he has lived there
less than six months. But he is ignoring the fact that a previous owner for 10 years up to 2009
did not drive, so there is no record anywhere of continuous parking. I say I can drive along
the road to access my verge, and they claim that the road is only for home owners, but obviously
anyone accessing the road for any number of reasons has access, whether mending the road,
visiting, delivering, collecting, or in my case maybe just checking the verge is OK, and looking
at my plot, I cannot see why these residents think they can cherry pick who they let past their
doors. Tough one to prove though.

[des8]

Re: Applying for Planning Permission on a private road

If the guy opposite is claiming an easement by prescription he will need to show that continuous use for 20 years (The Prescription Act1832 section 2)
However Batchelor v Marlow and another [2001] EWCA Civ 1051.
The case notes (below) would indicate such an easement would not arise.
The right to park vehicles on an area of land, between the hours of 8.30 and 6pm Monday to Friday, so as to preclude the use of the land for other purposes, was not capable of being an easement, since such a restriction would make a claimant's ownership of the land illusory.
The claimant was the owner of an unadopted dirt road. The defendant ran a nearby garage business and contended that he had acquired an exclusive prescriptive right to park up to six cars on an L shaped strip of that land between 8.30am and 6pm Monday to Friday. The claimant brought proceedings seeking, inter alia, a declaration that the defendants were not entitled to park on the strip. At the High Court, the claimant argued that the right was not capable of being a valid easement. The High Court judge determined that the defendant had obtained the rights he contended for and that the fact that the right was limited in time did not as a matter of degree amount to such exclusion of the claimant and his predecessors in title as to preclude such a conclusion. The claimant appealed against that decision. He contended that the right asserted was exclusive of all others, including his own, since car parking over the land was highly intrusive. He submitted that in practice that made his ownership illusory.
The appeal would be allowed.

The right to park vehicles on an area of land, between the hours of 8.30am and 6pm Monday to Friday, so as to preclude the use of the land for other purposes, was not capable of being an easement. Whether such a right could amount to an easement was a matter of fact and degree. In the instant case, the claimant would have no use of the land at all for the whole of the time that the parking was likely to be needed. Moreover, his right to use the land was curtailed altogether for intermittent periods throughout the week. Such a restriction would make his ownership illusory.