Creating new access into agricultural land from a public highway - what landowners need to know

The legal lowdown on building vehicle access over grass verges AD wcllpsolicitors farming agriculture

Creating a new access point is not the only issue landowners can face when it comes to creating a new access

An enforcement notice was issued which alleged that the works breached planning control. The notice required the removal of the access, gate and the concrete . It also required the landowner to replant the hedge and sow new grass. The landowners argued that the access was permitted development and so did not require planning permission.

It was found that the construction of the gate together with the driveway constituted development that required permission. The landowners appealed however the appeal was dismissed.Creating a new access point is not the only issue landowners can face when it comes to creating a new access. In most cases, the land on either side of the road forms part of the highway and so can be owned by an individual however maintainable at public expense.

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