Where do I start?

[John506]

My mum owns a rather big garden, would it be possible to erect a fence halfway down and build a house/bungalow, with the driveway opening to the other side (private road). Who owns those unkept roads, is it the people who live on them?

What sort of planning permission would I need?

I've looked on their website but can only find things relating to an outbuilding, not a propper full on separate house/bungalow.

 

[paulc2]

It depends what you mean by private road, or unkept road. AIUI a road can be 'unsurfaced' in that its not tarmac, but it might still be a type of construction such as some hardcore, gravel, wood chipping, etc etc I'm not sure if that's what you mean by unkept, or whether you mean private as in privately-owned.

A road can be unsurfaced yet still maintained (and paid for) by the local council. Or it can be an unadopted road, which means its not maintained (paid for) by the council.

The ownership of the land the road is on is another issue - a public road can cross private land, and that land underneath the road surface is still 'owned' by the landowner. If its a right of way, then the council has certain responsibilities and the landowner has certain responsibilities.

And then there's right of way - which is the right to drive over the road etc (or for footpaths, bridleways, walk/ride horse/ride cycle/drive animals etc as appropriate).

If there's no public right of way then your property and others may have a right to use the road via the deeds, or informal permission of the landowner.

Best to seek proper legal advice on the status of the particular road you're interested in and the process to get a proper access agreement in place. Doing it yourself may upset the landowner(s), or result in more restrictive than you wanted agreement, or too high a cost for it, etc etc - or none at all, which would severely devalue the prospective build!

 

[Architexeter]

You would require full planning permission for a new dwelling. Speak to a planning agent.

The dwelling will need to show access to/from a public highway. find out the status of the road from the Unitary Authority or County Highways (depending on where you live). If there is access not highways owned and not under your ownership then you need to see what right you have over it, hopefully "for all times and for all purposes" otherwise it is a potential ransom strip for any development. If there is no owner known then when the application is made, certificate of ownership C or D will need to be used and an advert in the local paper made (Local Authority/your planning agent will advise further).

Sometimes just putting in an application will get answers to the above unknowns.

Hope that helps.

 

[masona]

My mum owns a rather big garden, would it be possible to erect a fence halfway down and build a house/bungalow, with the driveway opening to the other side (private road). Who owns those unkept roads, is it the people who live on them?

What sort of planning permission would I need?

I've looked on their website but can only find things relating to an outbuilding, not a propper full on separate house/bungalow.

I'm doing this right now, my mother have a double garage and I'm hoping to build a new build, so far I have put in a Pre-application plans to find out if it's acceptable before the full planning, now I've been to the Solicitor to split the Land Certificate plot for the new build ready for the full planning application, just started to going through the planning application

 

[Architexeter]

I'm no expert in this field but I'd check the capital gains implication of seperating the parcel of land before getting permission as it may have implications. Perhaps an accountant can advise on this.