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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 33313
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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please can you clarify if the word property includes land as

Customer Question

please can you clarify if the word property includes land as well as buildings
Submitted: 3 years ago.
Category: Property Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare and I shall do my best to help you but I need some further information first.
Could you explain the context of the question please
Clare
Customer: replied 3 years ago.

I am dispute with a landowner regarding an access track into a field behind my house and garden, the council are pushing to approve the revised track, the applicant states that the track is 57 metres from property, we need to urgently know if property covers our garden as this would negate their statement. if so could we use this as a point of contest at tonights planning meeting
thank you
Di Williams

Expert:  Clare replied 3 years ago.
Hi
Interesting.
the definition of property from a Land Registry point of you is building and Land
So to be a certain distance from your property would include the garden - if it means house or outbuilding it should say so.
Whether this is of any assistance in terms of the meeting is less clear I am afraid
Clare
Customer: replied 3 years ago.

this is the wording for their argument - can you advise how to counter it - given the aforementioned info


The proposal is considered to constitute an appropriate form of development


in the Green Belt with no loss of openness and no conflict with the purposes


of the green belt. A planning permission is already in place for a track.


Residential Amenity


The amended section of track is to be sited 57m away from neighbouring


properties. It is not considered that the proposal would cause harm to visual /


residential amenity.


As the change relates solely to the access track and planning permission has


already been approved for the stables use, it is not considered that the


proposal would result in any increase in noise disturbance or odour creation

Expert:  Clare replied 3 years ago.
Hi
Concentrate on how far away from your garden the track will be and how this route would effect you
Explain your sue of the garden and how it woudl be blighted - with pictures if possible
Clare
Customer: replied 3 years ago.


there was an original strip access farm track that was approved and we were happy with, this has now been changes as is actually narrower but is constructed of a solid base with a grass strip as we believe he is future proofing for a road and access for house construction, opposed to permission to build stables. is there anything else that we could use to counter argue


thankyou

Expert:  Clare replied 3 years ago.
Hi
Is it any closer to the garden?
Clare
Customer: replied 3 years ago.


no closer but now a solid road opposed to a farm track albeit disguised with a central grass strip - construction is 3 mtrs wide opposed to 1 x 2 m strips

Expert:  Clare replied 3 years ago.
Hi
So approach this - how does that change effect you NOW
Clare
Customer: replied 3 years ago.


thankyou


 

Expert:  Clare replied 3 years ago.
Hi
Sorry - I was expecting a response lol - my thoughts - bearing in mind I have no idea of the actual issues - would be noise - both of construction and use and a question about the TYPE of vehicles it will be appropriate for
Clare

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