You have to be careful this neighbour doesn't have more land, I don't know how it works in that instance.
Requiring half the costs of any alternatives would be a starting point
You have to be careful this neighbour doesn't have more land, I don't know how it works in that instance.
I would be very surprised if sightlines have not been considered or conditioned by planners
It is not the council's job to refuse pp just because you don't own land over a visibility splay
I will have to consult my Estates Gazette book on planning law Woody! It is infact a good read, been some cracking cases over the years.
Well my understanding of it is that planning permission is not permission to build until the pre building conditions are discharged. Once the Highways Agency have submitted their report anything they order becomes a condition, which must be discharged prior to work starting. But the HA's job is to come on site and measure all the sightlines etc etc, not to check who owns the land or if an easement is in place.
I believe it is a civil matter as to whether any easement has been purchased. I don't believe it is the council's job to ensure the condition can be carried out by the applicant, only that it IS carried out. There is a big difference. I believe that getting the easement is the applicant's responsibility. After all, as I said above, it isn't always easy to trace the owner so it could take a long time to do that.
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