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Altering the use of a private right of way

  • 29-09-2015 11:24pm
    #1
    gijoo
    Registered Users, Registered Users 2 Posts: 54 ✭✭


    Theoretic scenario,

    A Residential row of houses has a private lane to the rear of the properties, with only 1 entrance to this lane. Old properties, with a non documented private right of way exists whereby all owners can drive down the lane and park outside his/her property, as long as enough room is left for other cars to gain access. Lane has a gate that is rarely closed, but can be if the need arises.

    One of the property owners looks to apply for planning to change the residential dwelling to a commercial outlet. The person, plans on using the lane as the primary entrance to the commercial outlet, without the permission of the other private landowners. why not have the entrance to the front of the property?

    Can a non-documented private right of way be amended to allow the public use this lane, when the front of the property leads onto public property?

    What grounds would be the best in order to lodge an objection to the use of this lane, for any purpose bar the one in existence (residential access). Deliveries etc, insurance for public, lighting, and commercial sign-age and it's positioning are all concerns.


Comments

  • #2
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    The nature of the right of way should be thoroughly checked first. You say that it is an undocumented right of way but perhaps a grant of right of way is described in some deed, somewhere.

    If there is a risk of obstruction of access to property and I suppose that there may be, then it may be time to take advice from professionals. A solicitor may be able to advise on the right of way and a professional planning consultant should be able to advise on the possibility of objecting to the application for planning permission.


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