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Planning regulations for businesses using a shared private road

  • 10-03-2019 1:00pm
    #1
    luckoftheirish
    Registered Users, Registered Users 2 Posts: 10 ✭


    Hello,

    I'm trying to find out information about planning regulations and conditions which businesses might be subject to when based in a mainly residential area?

    Two equestrian businesses operate out of the same private road where my house and several other houses are built).

    Firstly I'm wondering are these businesses obliged to maintain the upkeep of the road? Currently there is extensive damage in the form of potholes and flooding caused by the impact of both articulated lorries and horse boxes. Caused by traffic that only use the road to access the two businesses.

    Secondly I'm wondering if there are any conditions around the amount of traffic these businesses are allowed generate and if they are allowed to operate 24/7? The traffic is mainly horseboxes so the noise can be significant at busy times. Also unwanted parking occurs outside my home and at different points on the road so i just want to get an understanding if any of this is in violation of the terms they are operating under.


    I appreciate any help with these questions.
    Tagged:


Comments

  • #2
    rayjdav
    Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    go on to your local council eplan and search for their houses. If there are any applications it should give conditions attached. If not you will have to go into the council office and look at the files.

    Private road?? Is this taken in charge or upkeep by residents?


  • #3
    Simple_Simone
    Closed Accounts Posts: 152 ✭✭Simple_Simone


    Which came first, the houses or the equestrian businesses?


  • #4
    rayjdav
    Registered Users, Registered Users 2 Posts: 1,097 ✭✭✭rayjdav


    Simple_Simone wrote: »
    Which came first, the houses or the equestrian businesses?

    Cant see how this makes any difference? If there is no condition attached regarding the road for the equestrian, they cant now be forced to do anything. Quiet probable that there was a contribution attached which would have been for part roads so thats as far as they are obliged to go tbh....


  • #5
    Marcusm
    Registered Users, Registered Users 2 Posts: 10,628 ✭✭✭✭Marcusm


    Surely this is a title issue rather than a planning one, ie any sensible conveyancing solicitor will have established the basis for maintenance/upkeep of the shared access when advising on the purchase. On whose title is the road? Did that person grant a right of way or other easement in favour of the other properties? Did this give rise to an obligation to maintain and for others to contribute to the maintenance? What does the right of way or easement say about the traffic which is to be permitted, I.e. does it contemplate commercial or solely residential use.


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