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Planning Advisory Service (PAS)
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Is access a planning issue?

Former Member, modified 7 Years ago.

Is access a planning issue?

Hi all...

A neighbour wishes to build in his back garden but proposes to use the rear service lane behind the terrace as access. This lane has a formal agreement whereby only those who were party to that agreement in 1971 have a right of way accross it.  He doesn't, but because his proposed site is at the very end of the lane he assumes he can use it. Some neighbours have said that they don't support his application, and will not allow him access through the lane. Surely, when access is a cornerstone to an application this will have to be considered by the planners? They tell me it's not a consideration...

Any advice greatly appreciated... 

Evan Owen, modified 3 Months ago.

RE: Is access a planning issue?

New Member Posts: 6 Join Date: 26/04/16 Recent Posts

It is a civil matter and not a planning consideration.

michelle hurton, modified 3 Months ago.

RE: Is access a planning issue?

New Member Posts: 3 Join Date: 17/09/18 Recent Posts

Unfortunately, access over an unadopted lane is not a planning matter and is a civil issue between the interested parties.  Notwithstanding this, if the lane is not within the applicants ownership, which from the sounds of it, it is not.  Then they should have signed the appropriate ownership certificates and served notice upon the land owner.  If there is no land owner, or the land owner is unknown, an advertisement should have been placed in the local paper.  The red line boundary should edge the site and also include the access arrangements up to the adopted highway.

You may need to take legal advice from a solicitor who deals in civil law.