Access to land

martomcg

So my parents own a small site of land out the country. It was intended to build on it but now its looking like that is unlikely.

Was thinking of growing a few vegetables on it instead.

Currently there is a hedge along the road blocking the site in, the only way into the site is through the farmers field at the rear or through a neighbours garden.

My question is if I cut an opening in the hedge to allow access to the site will I have to pay a fee to the council?

My parents have said there is a fee mentioned in the planning permision to 'open the site' but I cant find anything online about the rules of the opening.

Any info would be greatly appreciated.

hullaballoo

You would need to go to your local council planning dept. and look for the specific planning permission applicable to the plot. It may be a folio in and of itself or a subdivision of the entire folio.

The applicable fee (if any) will be mentioned in the conditions to the permission.

plodder

Many if not most planning departments are online now. You should be able to find all of the documents relating to the planning application including any conditions in the grant on the website.

arthur daly

martomcg wrote: »

So my parents own a small site of land out the country. It was intended to build on it but now its looking like that is unlikely.

Was thinking of growing a few vegetables on it instead.

Currently there is a hedge along the road blocking the site in, the only way into the site is through the farmers field at the rear or through a neighbours garden.

My question is if I cut an opening in the hedge to allow access to the site will I have to pay a fee to the council?

My parents have said there is a fee mentioned in the planning permision to 'open the site' but I cant find anything online about the rules of the opening.

Any info would be greatly appreciated.

Was there ever a entrance to the site?have you had a good luck?

Kevin McCloud

There may be an old right of way, worth looking into.

martomcg

Thanks for your comments.

As far as I'm aware there was just a hedgerow the entire way along the road.

4 houses have been built - 3 to the left and 1 to the right of the site we own. Each of those houses would have removed the hedgerow that fronted their own site.

I'm curious if a farmer has to pay a fee to put a gate in between the road and one of his fields? To allow access for cattle or equipment?

This is situation pretty much no different. As it stands the site is not sealed at the back and opens out onto the rest of the farmers land.

plodder

martomcg wrote: »

Thanks for your comments.

As far as I'm aware there was just a hedgerow the entire way along the road.

4 houses have been built - 3 to the left and 1 to the right of the site we own. Each of those houses would have removed the hedgerow that fronted their own site.

I'm curious if a farmer has to pay a fee to put a gate in between the road and one of his fields? To allow access for cattle or equipment?

This is situation pretty much no different. As it stands the site is not sealed at the back and opens out onto the rest of the farmers land.

You need planning permssion to open an entrance from a field onto a road. It sounds like you might have had permission already as part of the permission for a house. But, in theory you would have to reapply if all you want now is the entrance. Whatever charge the local authority might levy would be less this way. But, you should be able to find documents online relating to any previous permission and see what the charge was (though that related to a house).

time lord

Our local authority would only require planning for an agricultural entrance. Permission is usually given and fees are nominal. Sight lines etc are not as restrictive as it's occasional envisaged use is taken into account.

Rabbo

If the public road carriageway is less than 4m in width, you generally do not require planning permission to create an agricultural entrance. The previous planning permission is irrelevant

brian_t

Rabbo wrote: »

If the public road carriageway is less than 4m in width, you generally do not require planning permission to create an agricultural entrance. The previous planning permission is irrelevant

Surely you either do or you don't.

I'd find this hard to believe from a road safety point of view.

Rabbo

The following outlines the preconditions on planning-exempted development: http://kildare.ie/CountyCouncil/media/Exempted%20Development%20FAQ%27s.pdf

It states the the following is not exempted development:

Making or widening an entrance to a public road where that road exceeds 4 metres in
width.

Therefore making or widening an entrance to a public road which is less than 4m in width is considered exempted development.

plodder

brian_t wrote: »

Surely you either do or you don't.

I'd find this hard to believe from a road safety point of view.

From the planning regs:

Works consisting of the removal for the purposes of agriculture of field boundaries including stone walls, clay banks or wire or post fences shall be exempted development

Does that include creating an entrance to a public road? Maybe it does, subject to the 4m width restriction quoted above.

martomcg

plodder wrote: »

From the planning regs:

Does that include creating an entrance to a public road? Maybe it does, subject to the 4m width restriction quoted above.

Sorry just to clarify. Are you saying that
- The public road needs to be less than 4m wide? or
- The entrance from the field to the public road needs to be less than 4m wide?

Rabbo

martomcg wrote: »

Sorry just to clarify. Are you saying that
- The public road needs to be less than 4m wide? or
- The entrance from the field to the public road needs to be less than 4m wide?

The public road needs to be less than 4m wide.

Peregrinus

And that's boundary to boundary, not just the strip in the middle with Tarmac on it.

Pat Mustard

Rabbo wrote: »

The following outlines the preconditions on planning-exempted development: http://kildare.ie/CountyCouncil/media/Exempted%20Development%20FAQ%27s.pdf

It states the the following is not exempted development:

Therefore making or widening an entrance to a public road which is less than 4m in width is considered exempted development.

You have extrapolated that if an entrance onto a road is wider than 4 metres is not exempted development, then if the roadway is narrower than four metres, it must be exempted. This appears to make sense, on the face of it. But is it correct? Where does it state that?

These are the (unofficial) consolidated planning regs.

Article 9 of the Planning Regs makes reference to the restriction which applies where the road exceeds 4 metres in width:

9. (1) Development to which article 6 relates shall not be
exempted development for the purposes of the Act—
(a) if the carrying out of such development would—
(i) contravene a condition attached to a permission under the Act or be inconsistent
with any use specified in a permission under the Act,
(ii) consist of or comprise the formation, laying out or material widening of a means of access to a public road the surfaced carriageway of which exceeds 4 metres in width

However, Article 9 refers to restrictions on otherwise exempted development, described in Article 6. Article 6 refers to column 1 of Part One of Schedule 2, in relation to exempted development.

I looked through the classes listed in column 1 and I did not see where it is stated that an entrance on to a public road is exempted development.

Perhaps I am wrong but I don't see where it states that.

martomcg

So I had the planning checked out and the fee to the council for putting an opening onto the site is €3200, this does not include the actual cost of having the hedgerow removed and a fence/gate put up.

Thanks for all your comments but for now this idea is parked!

arthur daly

martomcg wrote: »

So I had the planning checked out and the fee to the council for putting an opening onto the site is €3200, this does not include the actual cost of having the hedgerow removed and a fence/gate put up.

Thanks for all your comments but for now this idea is parked!

I never heard of a fee that big for just a entrance,
The minimum levy for building a house in my area is about 3-4k.
Would have thought there would be a tiny fee for a entrance the architect/engineer fee been most expensive

arthur daly

martomcg wrote: »

So I had the planning checked out and the fee to the council for putting an opening onto the site is €3200, this does not include the actual cost of having the hedgerow removed and a fence/gate put up.

Thanks for all your comments but for now this idea is parked!

I never heard of a fee that big for just a entrance,
The minimum levy for building a house in my area is about 3-4k.
Would have thought there would be a tiny fee for a entrance the architect/engineer fee been most expensive

brian_t

martomcg wrote: »

the fee to the council for putting an opening onto the site is €3200!

Did you say it was for an opening to a site or did you stress that it was for an agricultural entrance ?

brian_t

martomcg wrote: »

Was thinking of growing a few vegetables on it instead.


Currently there is a hedge along the road blocking the site in,


My question is if I cut an opening in the hedge to allow access

Is there room to park on the road outside the site.


I don't think there is anything to stop you removing a short section of hedge and replacing it with a wooden fence that you could climb over.

martomcg

brian_t wrote: »

Did you say it was for an opening to a site or did you stress that it was for an agricultural entrance ?

It was my dad that got the information (spoke to whoever helped him with the initial planning permission), the land is zoned residential so agricultural planning permission would have been difficult to get and might have affected the already granted house planning permission.

He's renewing the planning permission for the house for a further 5 years and doesnt wanna do anything that might jeapordise it.

martomcg

brian_t wrote: »

Is there room to park on the road outside the site.


I don't think there is anything to stop you removing a short section of hedge and replacing it with a wooden fence that you could climb over.

No theres no real room to park, doing so would obstruct about half of one of the lanes of traffic on the road.