New Access across local highways authority land - Public forum - Planning Advisory Service (PAS)

I would also like to know the answer. We have put a complaint in to the council, as a Parish Ward Councillor has encroached Parish Council land. He has been granted planning permission to build a house, the car park will be on this Parish owed land, he extended land beyond what he purchased by 2 metres, which he fenced off. The council published a report about this but nothing was done.

The short answer is yes, but it depends on the status of the land and user rights carried on it and whether other authorisations are required to cross the land to reach the classified road. Generally, a new access to a classified road usually requires two permissions: a planning consent followed by a highway approval. The planning authority would have consulted the highway authority on the layout, safety and suitability of the access etc. before determination and, if satisfactory and consent is granted, provides one authorisaton and persumption in favour for the next stage which is with the highway authority. The highway consent element is for the vehicle crossing to allow a safe and suitable connection to a highway maintainable at public expense, i.e. the classified road which as been adopted, dedicated and vested to the authority for use by the public. The crossing has to be constructed to support the weight of a vehicle it is intended to carry, e.g. for a domestic facility this would be a car or light van. Also, to prevent damage to the highway, utiltiy services and any footway and/ or verge and to make any driveway obvious to road users. The sub soil is not usually transferred to the hgihway authority and if the public highway is 'stopped up' the ownership reverts to the orginal owners or successors in title and could be split down the middle to those on each side of the road. Vehicle crossings are implemented under powers of the 1980 Highways Act as amended by the 1991, New Roads and Street Works Act, 1991 for a road opening permit and accreditation of contractor working in the highway who must carry an appropriate level of public liability insurance, usually £5m. Other legislation varies the processes, such as in controlled parking zones under the 1984 Road Traffic Regulation Act, where the presumption is against the provison of a crossing unless suitable on-street parking facilites remain. If there is intervening land between site and the public highway either in public ownership or in private hands an easement providing a private use rights and obligations for maintenance and use, or purchase for possession rights are required. Or it could be common land or a prior use established at one time. A land registry search may reveal details and deeds should be checked and permissions sought to cross land outside the ownership or control of the Applicant or Developer . This will include land needed for sight lines as well as the access. Such easements do not form part of the planning process but can be requested by the highway authority along with proof of land title, especially if the access forms part of other public highway works or those for road work to form public highway. Sometimes agreements over land cannot be reached and or there are problems during construction which prevent the consents being implemented which means other solutions have to be found. These matters involve other legislation and regulations, like the Property Law Act and Land Transfer Regulations. Access matters can be complex. My cooments are but pointers. More details on the examples given are necessary to provide a definitive answer for which you should seek appropriate legal advice.