I have been granted drop kerb approval for a second entrance to the rear of my property by Highways. However, at the final invoice stage, Highways informed me they were told I needed planning permission – despite the council saying I did not at the start of the process.
The access is on to a red brick cul-de-sac on an estate, which is an unclassified road. I would need to remove a 10ft section of 5ft-high wall for the new access.
On a pre-application, planners have said I need permission because I “seek to cross land which does not form part of the highway nor your domestic cartilage”.
However, according to my property deeds, the two-metre strip of land I need to cross from my boundary to the red brick road is a utility strip. And according to the deeds, the “utility strip forms part of the highway”.
So I do not need “to cross land which does not form part of the highway nor my domestic cartilage”.
In the pre-application, planners “do not raise any significant concerns at this stage”.
I have supplied the utility strip/verge information with supporting documents to planners, but more than three months on, I am still waiting for an answer.
Any thoughts/opinions/advice welcome. Thank you.