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Re: Access Road Advice
Posted: Thu Jul 18, 2024 8:41 am
by Holley
Swervin_Mervin wrote: Wed Jul 17, 2024 11:33 pm
You say they're adding additional units - are they applying for planning permission? If so you might be able to cause some trouble - or at least use the threat of such as a lever to bring them to the table.
She did apply for planning, but will need to look a little deeper to check that what's she's done is within that approval.
Re: Access Road Advice
Posted: Thu Jul 18, 2024 8:56 am
by Gavster
I'm 99% sure the new buildings will need their own covenant granted by the owners of the road. Her covenant means she can tell her suppliers, clients, visitors etc that they can access her property. However, she cannot grant someone else (e.g a new leaseholder in a new unit) the right to do the same for their visitors etc, that's something you and your neighbours need to agree.
Good luck with it all, it sounds like something that needs structuring properly to make sure future maintenance is properly apportioned amongst all users.
Re: Access Road Advice
Posted: Thu Jul 18, 2024 2:08 pm
by dinny_g
Holley wrote: Thu Jul 18, 2024 8:41 am
She did apply for planning, but will need to look a little deeper to check that what's she's done is within that approval.
If she isn't playing ball, can you object to her Planning Application on the basis that access is ambiguous, needs to be agreed et ?
Re: Access Road Advice
Posted: Fri Jul 19, 2024 12:04 am
by Swervin_Mervin
Holley wrote: Thu Jul 18, 2024 8:41 am
Swervin_Mervin wrote: Wed Jul 17, 2024 11:33 pm
You say they're adding additional units - are they applying for planning permission? If so you might be able to cause some trouble - or at least use the threat of such as a lever to bring them to the table.
She did apply for planning, but will need to look a little deeper to check that what's she's done is within that approval.
It sounds as though planning has been granted? A bit shit if so as they should be considering whether they have access. And a.right of access for existing is not a right of access for additional development.
It's worth checking out the planning position first and foremost
Re: Access Road Advice
Posted: Fri Jul 19, 2024 7:24 am
by Sundayjumper
That’s what I was thinking. Access shouldn’t have been overlooked so either the application said the units were for her own use, or the units are an extension of the existing property. Either meaning no new covenant needed.