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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Hi ways has told my neighbour that even though he ownes an

Customer Question

Highways has told my neighbour that even though he ownes an extension of our access lane which is highway it is still high way and he must take the hedge out he has grown to creat a large car park using the said highway area. The Neighbour has created more dwellings without planning and amenities have become an issue. Myself and two other neighbours all wish to use the said fork of the lane (highway) for turning as there is now no clear turning area due to additional cars. There has never been an extinquishment order on the area of highway. Highways will not measure the width of the area and so it merges into the area of car park which is not highway. The highways map clearly shows where the area is and the size of it.  There are buildings which could be used as measurement points.  Does Highways have the responsibility to sort this out? They have referred me back to planning and say that a turning area would have to be a condition if they give approval to the extra dwellings retropsectively? Surely if the high way can be measured and is needed for turning by three neighbours then the said area should be available for this need and clearly marked?


Kind regards


T

Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Do you know when the highway was adopted as highway please?

JACUSTOMER-43zg5hmp- :

Hi, 1885

Joshua :

Thanks. Have you made an enquiry of the highways department of the LA for an extent of highways plan?

JACUSTOMER-43zg5hmp- :

Hi Yes, now all confirmed and planning dept are to ;put in a condition if they approve the planning application to ensure that the highway is seperate from car park. May come back to you next week once more information available.

JACUSTOMER-43zg5hmp- :

Thanks for now.

Joshua :

Sorry for the delay in reverting to you - I have been in a meeting.

Joshua :

Yes of course you can if you prefer. You can revert at any time. Is there anything further I can assist you with for now?