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Thomas Judge
Thomas Judge, Lawyer
Category: Law
Satisfied Customers: 33038
Experience:  Over 25 years experience in law
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Our local Planning Dept have given permission to have

Resolved Question:

Our local Planning Dept have given permission for us to have a small extension to our semi-detached cottage. But our neighbour says this crosses his right of access and considers it a clear breach of his Deeds and we cannot proceed.
My opinion is that he still has his right of access it is merely extended by about 3 yards to walk around the extension.
Can I proceed?
Submitted: 1 year ago.
Category: Law
Expert:  Thomas Judge replied 1 year ago.
Your neighbour is correct that the planning department do not consider rights of way in their decision making process. The starting point for you would be to consider the plans and deeds to determine the extent of the right of way. It is not unusal or uncommon to vary a right of way - very often if there is a workaround such as you suggest here then such issues can be varied. You are entitled to develop your own land, and it may be possible, bearing in mind the configuration of the land to redefine the right of way along a new route. This has to be negotiated with the neighbour before a Deed of Variation can be drawn up by a solicitor. I hope that this helps. Please rate positive
Customer: replied 1 year ago.
Thank you. In fact it is a Right of Access not a Right of Way....he has for example to be able to get his Wheelie Bin out and he just wheels it past our kitchen and living room window now. There is a path but also 4 yards of flags adjoining it I am proposing to make the whole area a patio.I wonder if we put a small table on this path to sit and have coffee in the morning whether this would be blocking his right of Access?
Expert:  Thomas Judge replied 1 year ago.
The key is that he has access to and from his bin then. He can walk around things as long as he has the access - I hope this helps. Please rate positive.
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