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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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Thank you very precise previous answer. The power

Resolved Question:

Thank you for your very precise previous answer. The power to block access from the highway in s80 of the Highways Act 1980 is modified by (3) The powers conferred by this section shall not be exercised so as to—(c) obstruct any means of access for the
construction, formation or laying out of which planning permission has been granted under Part III of the Town and Country Planning 1990. We will be getting planning permission for the land to which we need access. I am not clear from the wording of (3)(c)
whether the access cannot be obstructed only during construction works or that there is permanent access to the land that has planning permission.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. You still have the problem that you don't own the piece between your fence and the road. Even if you do get planning permission, it does not solve this problem. Secondly, be aware that when you are seeking planning permission for access, the views of the Highway Authority will be sought on whether they wish to see access being granted. So be aware that the Highways Authority can put the "dead hand" on your access at the planning stage. A planning authority never overrides the view of the Highway Authority. I have never seen it happen.
Expert:  Buachaill replied 1 year ago.
2. However, it is true that ss.3 of section 80 does allow access when plannning has been granted for the access. This prevents the Highways Authority resiling from any planning permission granted and blocking off access.
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