LandlordZONE

31

Oct, 2014

Friday

Page 1 of 2 12 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Sep 2005
    Posts
    4,233

    Default Does new highway access need planning? Four-year rule?

    Any help or advice gratefully received! We have created a new access (gate and roadway) onto land we own. How many years would we have to use it without objection before planning permission would not be necessary? Many thanks!

  2. #2
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    Quote Originally Posted by islandgirl View Post
    We have created a new access (gate and roadway) onto land we own. How many years would we have to use it without objection before planning permission would not be necessary?
    Do you mean an access from adopted highway into your land?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  3. #3
    Join Date
    Sep 2005
    Posts
    4,233

    Default

    yes, thank you Jeffrey

  4. #4
    Join Date
    Sep 2005
    Posts
    4,233

    Default

    New title (thank you forum angels) - anyone any ideas pls? Is it 4 years? Thanks!

  5. #5
    Join Date
    Sep 2006
    Location
    Sheffield
    Posts
    39,409

    Default

    I've briefly loooked at the Highways Act 1980 [ugh!] Try s.184 (too long to copy here; try http://www.statutelaw.gov.uk).
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

  6. #6
    Join Date
    Sep 2005
    Posts
    4,233

    Default

    Thank you very much Jeffrey - a little bedtime reading methinks! Much appreciated.

  7. #7
    Join Date
    Sep 2005
    Posts
    4,233

    Default

    That website was so exciting I just could not wait....
    It seems the town and country planning act is the one, wherein I found:

    171B. Time limits.— (1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.
    (2) Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.
    (3) In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.
    The question is, is it 4 or 10....I would say an access is an "operation over land" and thus 4 years - what do others think please?
    Many thanks!

  8. #8
    Join Date
    Mar 2009
    Posts
    5

    Default

    Have you enjoyed right of way over this piece of land, over many years, that you can prove?

  9. #9
    Join Date
    May 2007
    Posts
    6,772

    Default

    Quote Originally Posted by Besprak View Post
    Have you enjoyed right of way over this piece of land, over many years, that you can prove?
    Read the question, she is asking how many years she will need to use it in order to legalise it.
    I offer no guarantee that anything I say is correct. wysiwyg

  10. #10
    Join Date
    Sep 2005
    Posts
    4,233

    Default

    Thanks all. Yes Besprak we have had right of way for many years and can prove it. As JTA rightly says, I need to know how many years gives it deemed planning...

Similar Threads

  1. Partially constructed building, 4 year rule?
    By digger in forum Planning & Development Questions
    Replies: 3
    Last Post: 27-01-2009, 19:01 PM
  2. 4 year rule on listed buildings?
    By diddean in forum Planning & Development Questions
    Replies: 3
    Last Post: 01-12-2008, 11:56 AM
  3. Conservatory- planning permission, 4-year rule, etc.
    By diddean in forum Planning & Development Questions
    Replies: 5
    Last Post: 01-12-2008, 11:47 AM
  4. Carport: does 4-year rule on planning breach apply?
    By darylp in forum Planning & Development Questions
    Replies: 16
    Last Post: 04-11-2008, 11:28 AM
  5. Four Year Planning Rule - Farm Diversification
    By jENNY in forum Planning & Development Questions
    Replies: 1
    Last Post: 12-09-2008, 09:02 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •