legepe

access issue with property?

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Hi all

Couple of questions, Im looking to make a planning application to change a commercial B1 property to residential (property build around 1820)

The building has had historically (I think an original door) and still physically has in place the doorway but which leads out to a neighbors driveway - can the neighbor legally object for this access point not to be used?

The only other access to the property is through a pub car park, but where other properties have the access.. can this be objected against?

Appreciate any advice

Thanks

legepe

 

 

 

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I doubt anyone will be able to tell you that without sight of the title deeds. Do you have access to them?

Edited by AliMcLeod

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If it has been in use for a certain time don't you acquire a prescribed right of access or something like that?

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There be dragons - you need specialist advice on this one as access rights can be a nightmare. You can aquire rughts as @ProDave says but only if you confirm them and have evidence of constant use and the original owner didnt put any clever clauses in their sharing of it. Our build is on a private road and because the owner of the road surface cannot be traced we had to take out insurance to ensure we could buy access rights, or sell up at market value to the insurance company, if there was ever a problem. There are 50 houses on our road and they all have the same problem although some including ours do have reliable foot access as we are on a national footpath but it could be that vehicle access is cut off.

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Don't think you need planning permission to go from B1 to residential. Just need to do the "Prior Approval Application" process.

 

Access issues can be difficult to resolve. First step would be to register on the Land Registry web site and order the title deeds for the property AND the surrounding properties. They email you pdf files almost instantly. If the site charges more than £7 each its probably a fake site. 

 

The title for neighbouring properties should detail any rights of way over their land that are already recognised by the land registry.

 

You can search the register by property address. 

https://www.gov.uk/get-information-about-property-and-land/search-the-register

 

Additional rights of way might exist "by prescription" but you may have to prove the route has been used for 20 years without interruption and without permission. For example see guides such as..

 

https://www.wrighthassall.co.uk/knowledge/legal-articles/2014/03/14/claiming-right-way-prescription/

 

If you can prove it you can get the right of way registered on their deeds. Note that if the neighbour agreed a previous owner  could use their driveway for access informally you won't be able to claim a right of way exists and the neighbour could withdraw permission at any time. Eg The use for 20 years must be without permission.

 

If you proved the side door had been used for 20 years that might only get you a right of way on foot. Eg not for a vehicle.

 

Eventually you will need professional advice.

 

 

Edited by Temp

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Thanks everyone for all your replies

Ive attached a picture taken from the title deeds showing properties either side and their boundaries

The property in question is unregistered and part of it (marked with green) is being sold off

All the properties here are commercial on ground floor and they all have flats above them - both the residents of these flats and the businesses below them get access through the public house (hotel) car park

I would prefer to have access through the other side.. however this is an adopted road and not registered. the best way in through this is where ive marked in blue however there is a cobbled wall there and the property is in a conservation area so there would be little or no chance of it ever being removed

I guess the only way to this property would be through the pub car park.. and with it sharing rights of access would they stand a chance of success in objecting to my proposed application to change it from B1 to residential?

The B1 license was only issued in DEC 2018 and if Im correct it needs to have had this long before then for it to be considered for "Prior Approval Application" process

Thanks again

legepe

2019-07-05_162633.jpg

2019-07-05_173413.jpg

Edited by legepe
forgot to attach pic

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I would first be getting the deeds for all adjoining properties from the Land Registry first to see what they say. Particularly that pub car park.

 

If you are saying there is already a door in the side leading onto that lane, then why not put that back into use?

 

You could always (once you know exactly what the deeds say) see if you can enter a lease with the pub for a parking space and right of access?

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It doesn't appear to be of any great significance to the conservation area so you could probably get planning permission if needed.

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4 hours ago, legepe said:

The wall at a guess is around 1.5m so going on the info in the link i could knock it down assuming it would be mine to do so

20190523_181630.jpg

What am I missing?

 

Why do you want to knock part of the wall down? there's a dirty great big gap where it looks like an old fence has blown down.  Reinstate the fence with a gate through to where that car is parked. Job done.

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1 hour ago, ProDave said:

What am I missing?

 

Why do you want to knock part of the wall down? there's a dirty great big gap where it looks like an old fence has blown down.  Reinstate the fence with a gate through to where that car is parked. Job done.

 

 

If I've read the drawing correctly, then it looks like the broken fence leads to another bit of land, outwith the boundary of the property. 

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6 hours ago, JSHarris said:

 

 

If I've read the drawing correctly, then it looks like the broken fence leads to another bit of land, outwith the boundary of the property.  

Yes thats correct.. the fence boarders the boundary of next doors land.. but the wall does not

 

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