Changing right of way

Trying1

Looking to apply for planning permission but a ROW runs through the site. Is it possible to apply in some way to have it moved to one end of the site leaving room for the house and sitework?

nuac

Mod
You need legal advice. Rights of way issues can become fraught and complicated legally and personally
Will leave this open for general discussion subject to forum rule on legal advice.

Trying1

Thanks, looking moreso for the mechanisms available rather than legal advice I suppose.

Peregrinus

The mechanism would normally be by agreement with whoever is entitled to the right of way. The planning department has no authority to move or realign rights of way.

Mr. Incognito

You need the consent of the person in whose favour it runs.

If its a public right of way you are snookered.

Trying1

It's a private right of way, it hasn't been used for circa 50 years but is noted on my folio.

Peregrinus

Well, you'll need to talk to the current owner of the right of way. If they're not using it you may be able simply to buy it out, or at least to get their consent to realignment.

Losty Dublin

To give you a practical example of how one company have dealt with this issue.

Irish Rail have been known to pay off some landowners to extinguish the right of way at some level crossings that access private lands. Generally, most landowners have been happy with a convenient alternative access point and perhaps renewed fencing, with their legal costs settled as well.