Active discussions

Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not want a new garage leading onto my road?

100 replies

DiagramsRus · 24/01/2018 18:07

I live on a private road which just has 4 houses on and some surrounding houses back onto it so have allocated parking spaces.

A house that backs onto our road has now started building a garage that they are planning to drive to using our road. At the moment they just have a back gate leading to our road.

My question is do they need planning permission for this? The garage is going to lead right out in front of a house doorway so surely this can't be right?

Diagram to follow!

OP posts:
Original poster
DiagramsRus · 25/01/2018 01:47

Thanks for the responses I will pay the £3 and check their deeds to see if it sheds light on whether they have vehicular access.

At the moment it's just a pedestrian gate but building has already commenced. Delivery vehicles bringing building supplies have been using the road.

The houses on the bottom of the picture do have gardens at the back, I just didn't draw them as not relevant. No one has a front garden though so the house nearest will step out of their front door and be directly in front on the garage opening.

OP posts:
Original poster
DiagramsRus · 25/01/2018 01:48

The whole estate also has to pay a property management fee as it's not been adopted by the council. Not sure if they would need to know!

OP posts:
Original poster
DiagramsRus · 25/01/2018 01:52

We haven't had to do any maintenance to the road so far, it's just brick paving and one of the neighbours does weeding etc around the edges. So we don't have any fund set up or anything. We were always under the impression it was all the houses who had parking there who were responsible for it.

They don't have an allocated parking space here as they have room for 2 cars in their current driveway.

OP posts:
Original poster
DiagramsRus · 25/01/2018 02:24

Argh just got title plan, should've got title register shouldn't I? That's what happens when up with baby and trying to find credit card details in the dark!!!

OP posts:
SWBCRTMWSC · 25/01/2018 02:54

They may have no intention of driving into their new garage. Mine is full of junk.

There should be planning permission though so I would complain to the council ASAP. Might halt the building work...

safariboot · 25/01/2018 03:21

If you're really opposed to it then I think you could do with speaking to a solicitor urgently. There can be very short time limits to challenge planning permission decisions and it sounds like there's a lot of separate issues at play. Your neighbour presumably wants to build a garage on their land, replace part of their existing fence with a gate, drive a motor vehicle over the footway in front of that gate, and drive a motor vehicle on the road you're on - and they may need permission for all four of those things.

If you're on good terms with them, you could mention informally that you believe your road is private. Give them a chance to reconsider if they realise they've messed up.

Longdistance · 25/01/2018 03:59

I live on a private road, and to fuck would I let any random build a garage with access and drive up and down my road when I’m fucking paying for it.
I think you need to contact the council ASAP.
The residents of my road would have blocked any lorries by now.
We have randoms parking up our road, and I can’t stand it as they park on the shale and leave a mess. I might lose it one day and batter their fucking cars. They leave litter everywhere, and who cleans it up, my them Angry
Living on a private road is a grey area, and the councils do sod all to help.

Original poster
DiagramsRus · 25/01/2018 08:04

@safariboot that's a very good point actually that they will be driving over a walkway - even if it is the same height as the road, I'm sure this wouldn't be allowed.
Previous neighbours have just used the back gate to put their bins and recycling out which was fair enough.

OP posts:
Original poster
DiagramsRus · 25/01/2018 08:06

Speaking to a solicitor is going to cost money though isn't it? I feel like I shouldn't have to pay out but might come down to it Angry

OP posts:
Seeline · 25/01/2018 08:14

THe garage does need planning permission as it is closer to the highway than the house. Also if it is a new build estate, it is possible that there is a condition on the original planning permission for the whole estate which removed permitted development rights. Speak to the planning department.

However, as others have said, planning does not consider whether the structure can be legally built even if PP is granted. Things like rights of way, ownership, deeds etc are not planning concerns and have to be enforced by those that have a legal interest in the issue.

NoBallsHere · 25/01/2018 08:18

This reply has been deleted

Message withdrawn at poster's request.

LIZS · 25/01/2018 08:24

You may be able to get some legal advice via house insurance, or whoever maintains the road or share the cost as a group of neighbours.

charlestonchaplin · 25/01/2018 08:32

I would see a solicitor ASAP. Your home insurance may have legal cover which may help. This isn't a clear-cut issue. There have been many opinions and all lack authority. People love to give their opinions, even on subjects they have little to no knowledge of.

I think it is important not to look to the planning department to save you. I am not sure this building requires planning permission at all, but even if it does permission may be granted, or the planning department may decline to engage in enforcement procedures.

You need to look to the law. Do these people have a right to vehicular access to your road? Do they have a right to drive a vehicle all the way to their property? If so, can they be compelled to contribute to the maintenance of the road? An initial solicitor's visit shouldn't cost the earth. You should then get an idea of whether it is a complex issue which will involve lots of money, in which case you can decide to back out. Ask the solicitor directly if necessary.

giddyupnow · 25/01/2018 08:34

It sounds absolutely crazy that they would just assume that they could use a private road - is their house part of the same estate but a different road, or built at a completely different time?

giddyupnow · 25/01/2018 08:35

Also, have a quick chat with any neighbours you know as then you can all take action together if need be.

notapizzaeater · 25/01/2018 08:49

I'd see a solicitor as well unless the plans state they don't have access

Olga81 · 25/01/2018 08:52

If it's newish build, is your road actually private, or is it just that it hasn't been formally adopted yet but might be in the future?

GreatFuckability · 25/01/2018 09:00

i think you need to get out more.

JobHunting4 · 25/01/2018 09:05

you Can always ask the solicitor how much for an initial consultation/visit as someone above suggested it might not be so much. Also will your neighbours share the cost, especially the closest house. Is there any insurance relating to their home or the company managing the road?

How you describe it sounds like someone reversing out of the drive could knock over someone leaving their front door. This cannot be safe, so legal advice should be able to advise.

I have no specific knowledge to help further, but I’m strangely invested in this, so keep up updated op.

steppemum · 25/01/2018 09:18

talk to the planning department.
They shoudl be able to shed light on the situation, and advise you what to do.
If they think there is a problem, they can put a stop building notice on the garage.

Original poster
DiagramsRus · 25/01/2018 09:55

@Olga81 yes this road is definitely private but roads around it are adopted. The house building the garage is part of the same estate (built at same time) but is on an established main road with a different address.

OP posts:
justilou1 · 25/01/2018 10:23

You need to combine forces with other neighbours who are responsible for upkeep of the road. This guy sounds like a CF who will no doubt refuse to contribute to the upkeep of the road by claiming that he has no access. (Also get onto the council re building without permission and crossing the pavement.)

Sedona123 · 25/01/2018 11:50

Definitely speak to both the Planning Department and your Property Management Company.

The CF neighbour shouldn't even be having building supplies delivered down your road without permission. I also live on a private road, and no way in hell would we allow that or his new garage access. Are the building company parking on your road too? If you just let the CF continue, he may then start parking on your road, and telling his visitors that they can park there too.

Iliketeabagging · 25/01/2018 11:56

Kerb. Not curb.

UrsulaPandress · 25/01/2018 11:59

I'm sure if you contact the planning department of your local council and discuss your concerns they will send someone out to assess the situation.

Please create an account

To comment on this thread you need to create a Mumsnet account.

Join Mumsnet Log In

This thread is closed and is no longer accepting replies. Click here to start a new thread.