Access across private land.

[sterms]

Hi, my back garden is adjacent to a private car park to a low-rise block of flats. I would really like to create a parking space in my garden with gated access through the party wall. Vehicle access would be through the private car park, but not through an alloted parking space. Clearly there is a party wall issue here, and we have dealt successfully with both the landlord and tennants in the past. Do I need planning permission? And should planning permission come before or after the party wall negotiations? Thanks, sterms

 

[BigRobCanUFixIt]

i saw something like this on one of those beany or phil spencer shows. Where the house owner bought a lease of one of the parking spaces so they could created access for parking at the rear of their house. I think they paid about 10grand for the access rights, but not sure how it was done with the full legal proceedures etc.

 

[jeds]

I would open negotiations with the adjoining owner first. It's unlikely you'll need planning permission and if you do it will be fairly easy to acquire. If there's going to be problems it will be the negotiations. Take them up to the point of a basic agreement and if things go well, check with the local authority on planning just before you get to the commitment stage.

 

[^woody^]

You need to be clear that the PW Act actually applies .... and even if it does it will not give you the right of access via others land. Also you need to determine who owns the wall

You will need specific express permission from the landowner to use their land for access, and this will need to be recorded on your deeds.

Planning permission is unlikely to be required for the access or the gates, but any associated work may need permission if not permitted development

 

[sterms]

Thanks for your wisdom, i think i will start with an informal letter to the land owners, stating exactly what it is i want, and take it from there. I've lived here six years and as yet don't know who is responsible for the wall - but either way i would take responsibility for cost and making good the work. PW act must come into it cos it is a shared boundary wall, perhaps should contact planning dept' to ask if planning is needed. will keep you posted, John.