Vehicle Access Via Someone Else's Private Drive

[minskin]

Hi everyone, 

 

In our search for a property/land, this has come up a couple of times but I've never been able to find any advice on it. It's hypothetical atm but could be really useful to know for the right property. 

 

If a new vehicle access was formed from a plot to someone's existing private driveway and then onto a public road do any of the same rigorous visibility splay considerations need to be applied for either access point?

 

Say the existing private driveway onto the road would struggle to pass muster now because of visibility but is already established. Could another property take advantage of that or would the new property be judged by new standards? 

 

Many thanks ?

 

 

[markc]

Interesting questions, i would say the access was existing and therefore cannot be regarded as new even though the build would be and use would increase.

[ProDave]

Yes.  I know someone who built a house served by a shared private road already serving 2 houses, and to add his 3rd house to the same private road, he had to update the visibility splay to current requirements.

 

Also up here if it gets to 5 properties, you are expected to upgrade the road to highways standard and it is then adopted.

[markc]

5 minutes ago, ProDave said:

Yes.  I know someone who built a house served by a shared private road already serving 2 houses, and to add his 3rd house to the same private road, he had to update the visibility splay to current requirements.

 

Also up here if it gets to 5 properties, you are expected to upgrade the road to highways standard and it is then adopted.

hmmm, i was just thinking of a drive, but when does a private drive become a road? harsh and unfortunate for the ones building the 3rd property

[ProDave]

1 minute ago, markc said:

hmmm, i was just thinking of a drive, but when does a private drive become a road? harsh and unfortunate for the ones building the 3rd property

I think the same applies.  For a new property the access has to meet requirements and turning space etc.

[saveasteading]

In my experience, planners and highways depts. are inconsistent on this, when there is an existing driveway.

Have seen them allow an existing entrance despite change of use and a horrendous lack of visibility.

 

So you could try it, and see what comes of it.

 

But do please satisfy yourself that the entrance is reasonably safe for users and other drivers. 

The only real way to do that is to drive out of it yourself, and consider what might change if hedges grow,

 

[Bonner]

I am building the third property severed by a private drive. I do not own the drive, only right of access over it (and contribute to maintenance). Highways initially wanted the driveway modifying but when I told them it was existing and not my property, they backed down.

[Happy Valley]

I was going to say it's probably more important that it's imperative there is a right of access or that the owner of the driveway is willing to share it - legal work required to get it onto deeds etc if agreement is reached with no existing right of access.

 

We have a right of access over our neighbours driveway - 3 properties in total onto a cul-de-sac. No issue with planners but the owners of the driveway were not happy at all but they realised eventually that they could nothing about it. Didn't stop legal threats beforehand etc.

Edited July 20, 2021 by Happy Valley

[SteamyTea]

Why would you not want use of a drive that is up to current regulations.

I would rather pull out of my drive in a safe manner than hope a driver as bad as me was coming along the main road.

[Temp]

1 hour ago, minskin said:

Say the existing private driveway onto the road would struggle to pass muster now because of visibility but is already established. Could another property take advantage of that or would the new property be judged by new standards? 

 

It a matter of degree.

 

The planners may argue that this would mean more vehicles will be using a dangerous access. Potentially double the number at present.

[minskin]

Thanks so much everyone. 

 

Like everything, I appreciate this is not an exact science and different LAs have different policies and attitudes but it really helps to hear people's opinions and experiences. 

 

I had been looking at a property and had my finger over the bid now button but I hadn't had that all important Pre app back thanks to covid so just couldn't take the risk in the end sadly. 

 

There have been properties we've dismissed because of access so I'll take a second look at those. 

 

Thank you ?

[Stewpot]

My plot was, at one time in a similar situation. This was before I bought it, and it was all resolved by the previous owner, during the Outline planning stage.

 

But yes, the council did consider the suitability of the existing neighbour's driveway as a means of access to my plot. They refused that idea due to poor visibility splays, and insisted that the then existing opening onto that driveway be closed off.

 

That could have been the end of the development potential, because any newly created access would also have sub-standard visibility. However, they eventually accepted that a new access could be created. That took a couple of years in consultation, and I wasn't party to the details, so can't give any tips for a successful outcome, but I'm mighty glad it was all sorted out by the previous owner.

 

But there is more. If your neighbour has a mind to be difficult, then the driveway you want to access could become a ransom strip - that is to say, you will only be allowed to cross that land in return for a sizeable consideration. Properties subject to a ransom strip, or to adverse possession, can be temptingly cheap, so get advice from a solicitor before you buy, and only go in if you are sure about the position. Your plot will almost certainly not get the planning permission you need unless you can demonstrate suitable access to it, and if your agreement with the driveway owner is not watertight, things could go badly wrong.

Edited July 20, 2021 by Stewpot
clarity

[minskin]

55 minutes ago, Stewpot said:

Your plot will almost certainly not get the planning permission you need unless you can demonstrate suitable access to it, and if your agreement with the driveway owner is not watertight, things could go badly wrong.

 

Sage advice Stewpot. Thank you.