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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8726
Experience:  I have been practising for 30 years.
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I am applying to Hampshire County Council from my property

Resolved Question:

Hi. I am applying to Hampshire County Council for Access from my property into an adjacent Lane owned by them. They are considering the application, but it apparently depends on how much value it will add to my property so that they can charge me a percentage of that added value to allow the access. Is this legal, or are they just trying it on? Thanks. *****
Submitted: 8 months ago.
Category: Law
Expert:  F E Smith replied 8 months ago.
Why do you want the access into the other lane?
Customer: replied 8 months ago.
My Son and I run a vehicle restoration business from home and my wife is fed up coming home from her work and having to park in the business 'Yard'. A second access would mean we would get to benefit from a 'Private' entrance for ourselves and family visitors.
Expert:  F E Smith replied 8 months ago.
Would it increase the house value? Better address?
Customer: replied 8 months ago.
Not that I am aware of.
Expert:  F E Smith replied 8 months ago.
There is no provision that I am aware of for local authority to charge a fee based upon an increase in value of the property. They charge the fee for the application and that is fixed.They cannot decide to grant this or refuse it simply on the basis that the property may be worth more as a result.I suggest wait to see what the outcome is and then take them to task over this.If they refuse you can appeal or if they simply refuse this with no good reason, you can make a complaint to the Local Government Ombudsman.Can I clarify anything for you?Please don’t forget to rate the service positive. It’s an important part of the process by which experts get paid.Best wishesFES
Customer: replied 8 months ago.
Thanks. That is what I thought. It felt like a 'bribe' or something. I think you have made it quite clear for me now.
Many thanks. Ian
Expert:  F E Smith replied 8 months ago.
I am pleased that I was able to help you. Please don’t forget to rate the service positive when you get a moment. Best wishes
F E Smith, Advocate
Category: Law
Satisfied Customers: 8726
Experience: I have been practising for 30 years.
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