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Ask wingrovebuyer Your Own Question
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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The Hotel adjacent to us has put in a planning application

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The Hotel adjacent to us has put in a planning application to build an extension which will run over our sewerage pipes and drains, and enclose them. The Deeds to our property say that we have the right "to the running of water soil electricity and gas through the sewers drains pipes wires cables and conduits now laid in the premises known as .... aforesaid as transferred by the aforesaid Transfer and the right to enter the said premises aforesaid with or without vehicles and workmen and break open the surface for the purposes of inspecting and repairing the said sewers drains pipes wires cables and conduits making good any damage thereby affected". We believe the proposed development will obstruct access to these drains as it will be built over them.
We also believe the extension will not comply with Building Regulations Part H (Drainage and Waste Disposal), H4: "building over sewers".
Our question is, does the Planning Authority have the ability and authority to reject the planning application on these grounds?
wingrovebuyer : Hello. A planning committee can only take into account planning matters ie planning law and the terms of the local plan and other local regulations. However, whether or not a development can actually happen is sometimes considered as material to the committee's decision. My view is that your objection should reference planning issues (ie the extension out of character with the surrounding area, noise issues, overlooking issues etc) but there is no harm in mentioning the fact that it would go over your drains and that it would interfere with your legal rights. You can also write to the hotel owner, telling them that even if they do get planning permission, you have easements over their property and you do not agree to them being diverted or note referred with. This means that even if they get planning permission, they still cannot legally undertake the development as you could get an injunction to prevent it. Hope this helps, WB
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