Owning a private right of way, returning it to the council?

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Re: Owning a private right of way, returning it to the counc

Post by jonahinoz » Thu Jan 25, 2018 7:59 am


If some unknown person starts dumping rubbish on your land, the LA will expect you to arrange it's removal, so there may well be a disadvantage to owning a lane that does not benefit you.

I refer to Town and Countryside Planning Act 1971, Schedule 3, Part 2. Purchase Notices, which I would expect to be out of date. I freely admit that "a little learning is a dangerous thing", but this has been niggling away at me for many years.

<<<If either the local planning authorities or the Secretary of State for the Environment / Wales* refuses permission to develop land or grants it subject to conditions, the owner may claim he can neither put the land to a reasonable beneficial use in it's existing state nor can he render the land capable of a reasonably beneficial use by the carrying out any development which has been or would be permitted.

In these circumstances, the owner may serve a purchase notice on the Council (District Council, London Borough Council or Common of the City of London) in whose area the land is situated. This notice will require the Council purchase his interest in the land in accordance with the provisions of Part IX of the Town and Country Planning Act 1971. >>>

To my little mind, that suggests that if you made a planning application to, say, erect a long thin shed on this path, and the Planners refused, you could demand that the LA purchases the path. I'm guessing that the cost of a planning application will be more than what the sum paid by the LA.

I wonder what experts have to say?

Me? I'd offer to give my rights (if any) over this path, to the residents whose gardens back onto the path, provided they paid all LR charges (£40 for each of them, and they share to £40 to change your boundary). That seems to be a small fee to pay to add an extra metre to the end of their gardens, or gain a ROW. They will have to judge their own risks. You could add conditions if you wished'

* In 1971, the Secretary of State for Wales was in charge of planning in Wales, and much more besides.

John W

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Re: Owning a private right of way, returning it to the counc

Post by arborlad » Thu Jan 25, 2018 9:18 am

ukmicky wrote:For it to be a public right of way it would need to serve more than those houses ,it needs to serve the pubic at large so it would need to exit at both ends . Without that extra exit it’s for private use not public and the chances of the council accepting the donation of a private right of way is virtually zero.

According to the OP it does continue to the highway, but under different ownership and is on the Definitive Map and Statement, also, somewhat perversely, none of those houses have access onto it.

If the OP does go ahead with the purchase, what he will have to guard against is encroachment by the several adjoining properties - which already appears to have happened.

smile...it confuses people

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