right of way

[Anonymous]

we live in a terrace of 12 houses. The fronts are linked to the main highway by a right of way with our gardens each side of it. The problem is the house nearest the road wants to come off the road through one garden and then across the right of way into car parking on the other side. He wants to put a gate on the right of way. We have managed to have it thrown out by councillors and it is now going to appeal. Our houses were built in 1872 when the right of way was created and put on our deeds. When i bought my house i was told it was for pedestrians only so......Can we get this stopped? how? and can the planning inspector give him that right as he does not own the land but has an easement as do we all?

 

[Anonymous]

Can you explain how councillors got involved, and how this is going to appeal?

A right of way over private land isn't usually council business, unless he's also applied for planning permission for some reason.

No, if your RoW is for pedestrians he can't suddenly decide to take a car across it.

Who owns the land over which the RoW runs?

 

[Anonymous]

he had to apply to turn the garden bit into a car park because he runs a chiropody business and wants it for clients..so say.
appeals to counillors who threw it out. That's why he is now appealing.

 

[Anonymous]

sorry. The freeholder is the original [1872] buider and his descendants [not known]

 

[Anonymous]

Well, he may get permission for a car park at appeal - although possibly not! But the RoW is not a matter for planning.

If it's pedestrian access it's pedestrian access - and unless all who are affected agree to him having car access, for all and sundry, the deeds are changed accordingly, registered with the Land Registry etc, then he still hasn't access

Check your insurance documents - you, or another who will be affected in your row, may have legal cover - for you to fight this.

It may take an injunction.

 

[Anonymous]

i figure you are right,evelyn. Thanks a lot. Will check my insurance.

 

[Anonymous]

Why can't this chiropodist's clients walk to his premises?

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[Anonymous]

Exactly!
What we most fear is annexation of the footpath and then planning permission for a commercial carpark. We are right in the centre of a town and any parking is worth few bob. Terraces like ours are unique and should remain so.
Thanks for your reply.
You don't happen to be our M.P?

 

[Anonymous]

They need a car park because it's a toe-away zone.

(i'll get me coat).

 

[Anonymous]

Regretably I'm not your MP. I wish I were - then I could take a large bung to persuade the council to grant permission for a car park. I could then afford to buy myself a peerage.

 

[Anonymous]

Has anyone ever told you what a brilliant comedian you are?

No, I thought not.

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[Anonymous]

I think it depends upon whos ground the cars have to pass as to what `rights` the users of the RoW can exert. If his cars will only pass over his ground and only park on his ground, then I think it is possible (maybe not desirable) that he could apply for permission for parking and converting the footpath to a driveway. The users of the RoW would only have an issue if this prevented them exercising their RoW.

If the vehicles have to pass over someone elses ground then only they (the owner of the land) can give permission for the RoW to be upgraded from pedestrian to vehicular not the planning committee.

Reading between the lines (dangerous I know) it seems that he is end of terrace and the residents of the terrace pass over his land to access their path to their houses - is this correct? If this is the case I think you have little leverage on your RoW to prevent its change of use over the section that he owns and all you can do is keep objecting to his planning applications.

Good luck

 

[Anonymous]

no. It [the path] is not his land. It was not conveyed in title to anybody in 1872. But everybody has been given the right to use it to get to the street.
Thanks for your advice.

 

[Anonymous]

Can he get cars across it without widening it? Who maintains it?