Im hoping some of you clever planning/legal types will be able to help me. We have a right of way that goes down our driveway and out into the fields behind us. Its an ancient right of way, and used by a handful of dog walkers and ramblers in the summer. The driveway goes right next to our windows, and there is no possibility of sectioning off the right of way as both neighbour and I have equally ancient stone walls either side.
We have received notification from a building company that they hope to build an estate of some 70/80 houses on the field.
This will mean a huge invasion of both privacy and security for us if our driveway becomes a thoroughfare from the new estate to the main road.
Do you know if we can request a move of the footpath when they build? What grounds could I use?
We have a highly popular brewery close by and I just envision hoards of people cutting down our drive in a noisy state in years to come.
We also have, at the end of the drive (towards the field) an ancient barn that is locally listed. Even with small numbers of people using the footpath, we have had cars damaged and a break in, a window smashed and the fabric of the barn (chunk - hardened chalk) broken off by kids, so I really dont want more foot traffic. We also have found people snooping in the barn which is unsecured.
Id like, ideally, the council to move the right of way 50m to the left, where it will go over council land.
I assume that the developers are not wanting to use hte RoW to access the new development? Is it actually an adopted public footpath or bridleway? If so I am sure that is is possible to get the Council to divert the official route of the RoW - I can't remember if it is the local council or the County council that would deal with it though. I would ring up either and ask to speak to someone either in highways or countryside - they should be able to help.
We lived on a new build estate which had previously been farm land. There was a right of way and it was re-routed as it would have been right under a house
So it is done it what I am saying. Are there any plans with the council for the new estate that you can go and look at? That would be my first port of call and they can then point you in the right direction.
Speak to the developers and the planners. If the developer knows it is going to cause a potential objection prior to planning it can be raised in pre planning discussions and the plans can be drawn up with a potential to move the footpath.