Planning permission for unadopted highway

[leedon]

Hi all, I am a newby hoping for some basic advice on any rights I might have to be able to build on an unadopted highway I own.

I own a residential end terrace house (red brick 1930's) in a typical suburban area of Leeds, UK. The property is rented out but is not an HMO. When I bought it 10years ago I noted that the land registry entry showed the property boundary included half of the small road to the side of the house (the road is the same length as the property itself plus the front and back garden, there is also a pavement). I have confirmed my ownership and that the road is an un-adopted highway.

My basic question, and I appreciate it could well be a silly one, is - is there any possibility of getting planning permission to build on this road? Either an extension on the side of the existing house, or potentially a new dwelling (the width of the half of the road I own is greater than the width of the house)

There are no access issues with the road and there are multiple other side roads either side 50m away but I suspect that although it is unadopted it will not be possible to do anything that effectively means it is no longer a road. Leeds City Council won't have an initial discussion until I pay their pre planning application fees ands submit a reasonably detailed plan but I do not want theses costs if it's obvious there is no chance getting consent. Any comments welcome

Cheers, Lee

[des8]

As it is a public highway forget about obtaining planning permission to obstruct the right of way.
You might get the PP, but you cannot obstruct the right of way.
Is it a through road? Does any one else use it?

[leedon]

Cheers.

It's a through road to the road that runs at the back of the houses - this is a normal road not a lane. There are 2 other roads 50m either side that are the same.

It's only 25m long but anyone can use it. It's off a road that goes into Leeds city centre

[des8]

You could ask your local highway authority to make a formal application to the local magistrates’ Court for an order to extinguish the public highway if it is unnecessary ( section 116 of the Highways Act)

Before making such an application check with local residents, local council etc to see if there is going to be any opposition.

You will probably have to pay Highway Authority costs of up to £5,000