Planning permission is statutory law which is superior to common law and whilst PP cant grant permission for someone to come onto your land and dig it up or develop it if they have no rights of ownership, it can prevent third party rights such as easements from being exercised if the grant of the easement required the breech of a planning condition imposed as part of the planning application .
This previous post was completely wrong.
It is necessary to compare the different requirements of the Law of Property Act 1925, the Land Registration Act 1925 and the Town and Country Planning Act 1971, as amended by the Town and Country Planning Act 1990.
All of which are examples of Statutory Law rather than having anything to do with Common Law.
The person who owned the freehold estate in the The Old School registered that legal estate with Land Registry as required by Section 123 Land Registration Act 1925.
Land Registry issued a title number that related to all the land in that title as it was identified on a title plan using a current version of the Ordnance Survey map available in 1984.
The owner of the legal estate had already made a planning application as required by the Town and Country Planning Act 1971.
That successful application has sought to divide an original building used as a school into four separate dwellings, which is what the developer who became the new owner of the legal estate went on to complete.
The planning permission was granted for this development by the Local Planning Authority acting under the power granted by the Town and Country Planning Act 1971.
When the school had successfully been divided into four separate dwellings, the owner of the registered title sold off parts of that title to four separate individuals, as he was entitled to under Section 52 Law of Property Act 1925 as long as he executed each transfer using a deed.
Each new owner of a legal estate was compelled to register a new title under Section 123 Land Registration Act 1925.
The first time the owner of the original legal estate transferred one of the newly created dwellings occurred when No. 3 was transferred on 18th January 1985. That Transfer Deed included two separate properties as defined in Section 1 Law of Property Act 1925.
It transferred the legal estate in the land identified on the transfer plan and it transferred a legal interest over the retained land, which showed the position of the right of way that was located entirely on the land retained by the Transferor when the transfer was executed on 18th January 1985.
That is an absolute fact of law as defined by Section 1 Law of Property Act 1925.
That this was the intention of the Transferor was confirmed when successive transfers of the other parts of the original title were completed over the next two months.
Each of the other dwellings at 1, 2 and 4 The Old School had a reservation included into each Transfer Deed that set out the fact that No.3 had been granted a right of way with or without vehicles over the identified part of land subsequently being transferred.
Where or not the Developer chose to ignore the conditions imposed by the LPA when it granted planning permission had no effect on the property included in the transfer for each of the dwellings, whether that transfer deed imposed a legal burden on each property that was transferred after No. 3 had been transferred.
Why a solicitor acting for the owner of No.4 had sought an opinion from a "planning expert" makes no sense whatsoever when matters of property are concerned.
That this solicitor then sets out in writing what is absolute nonsense when matters regarding planning law are stated to have precedence to matters regarding property law, is an example of what is know as "bullshit baffles brains"
It seems that this is a classic example of when a few untruths and misrepresentation are purported to be a statement of the law.
There is no way that planning law can ever have precedence over property law, which has existed in its present form since 1925, when fundamental changes were made to earlier enactments relating to how property matters were to be dealt with.
The Law of Property Act 1925 remains the current law in England and Wales, which is why the concept that planning law can override a statute with over 94 years of legal authority behind it is complete and utter nonsense.
A legally granted right of way cannot be extinguished by any section of the Town and Country Planning Act, which was first enacted by Parliament in 1948 and last amended in 1990.