Rights of Way and planning permission notices

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Estelle2307
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Rights of Way and planning permission notices

Post by Estelle2307 » Mon Feb 12, 2018 2:47 pm

We are going to apply for planning permission on land that is accessed via a lane that we have right of way over. The lane will be lined in red on our application paperwork as it shows "all land necessary to carry out the development". Do we need to serve notice on the owner of the lane? We were under the impression that maybe our right of way in perpetuity equates to "ownership" so we don't need to? He will be getting notification of the application anyway as a neighbour.

Collaborate
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Re: Rights of Way and planning permission notices

Post by Collaborate » Mon Feb 12, 2018 3:01 pm

No.

Estelle2307
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Re: Rights of Way and planning permission notices

Post by Estelle2307 » Mon Feb 12, 2018 3:57 pm

Can you tell me where I get confirmation of this? The planning dept has told me I will need to but I can't find anything about this particular scenario online

Collaborate
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Re: Rights of Way and planning permission notices

Post by Collaborate » Mon Feb 12, 2018 4:40 pm

From a planning POV you need to give notice to neighbours. The LPA have no interest in whether you have an interest in the land you wish to develop, or a right of access over the lane. You have to satisfy yourself of that. But they'll want to know that you've notified your neighbours of the application.

What do you mean "get confirmation of this"? You have a right to pass and repass over the ROW. That benefits your land, which means that any visitors to that land can pass and repass over it. Why on earth would you need to notify the servient owner that you will exercise a legal right?

Check the wording of the ROW carefully to ensure that the ROW can be used for any purposes.

jonahinoz
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Re: Rights of Way and planning permission notices

Post by jonahinoz » Mon Feb 12, 2018 5:45 pm

We were under the impression that maybe our right of way in perpetuity equates to "ownership"

Hi Estelle,

You cannot have a ROW over land that you own. If it's yours, you don't need any rights to use it.

But in this case, you don't own the lane, but you do have the rights to pass and re-pass. You will have the right to keep the path clear, and repair it. You will not have the right to improve it.

The owner of the lane is not required to repair the lane, or keep it clear. But he must not (deliberately?) make it impassable.

Are you sure you have the ROW for all purposes (with or without vehicles and animals) at all times? Will the lane stand up to whatever uses you will put it to? Will it take a builder's trucks and a JCB, if that is the way you are going? Wet fields do not like heavy vehicles driving over them.

Is the lane wide enough for your purposes? Does the lane owner use the lane himself? Is the lane fenced both sides, or will you have farm animals and gates to contend with? Will he appreciate your dog?

If the lane serves no purpose to him, he might be prepared to sell it.

John W

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