Does new highway access need planning? Four-year rule?

[islandgirl]

Any help or advice gratefully received! We have created a new access (gate and roadway) onto land we own. How many years would we have to use it without objection before planning permission would not be necessary? Many thanks!

[jeffrey]

We have created a new access (gate and roadway) onto land we own. How many years would we have to use it without objection before planning permission would not be necessary?
Do you mean an access from adopted highway into your land?

[islandgirl]

yes, thank you Jeffrey

[islandgirl]

New title (thank you forum angels) - anyone any ideas pls? Is it 4 years? Thanks!

[jeffrey]

I've briefly loooked at the Highways Act 1980 [ugh!] Try s.184 (too long to copy here; try http://www.statutelaw.gov.uk).

[islandgirl]

Thank you very much Jeffrey - a little bedtime reading methinks! Much appreciated.

[islandgirl]

That website was so exciting I just could not wait....
It seems the town and country planning act is the one, wherein I found:

171B. Time limits.— (1) Where there has been a breach of planning control consisting in the carrying out without planning permission of building, engineering, mining or other operations in, on, over or under land, no enforcement action may be taken after the end of the period of four years beginning with the date on which the operations were substantially completed.
(2) Where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse, no enforcement action may be taken after the end of the period of four years beginning with the date of the breach.
(3) In the case of any other breach of planning control, no enforcement action may be taken after the end of the period of ten years beginning with the date of the breach.The question is, is it 4 or 10....I would say an access is an "operation over land" and thus 4 years - what do others think please?
Many thanks!

[Best]

Have you enjoyed right of way over this piece of land, over many years, that you can prove?

[jta]

Have you enjoyed right of way over this piece of land, over many years, that you can prove?

Read the question, she is asking how many years she will need to use it in order to legalise it.

[islandgirl]

Thanks all. Yes Besprak we have had right of way for many years and can prove it. As JTA rightly says, I need to know how many years gives it deemed planning...

[Richard Webster]

A planner should be along to answer this, but as far as I know unless the access was to a classified road (A, B, or C class) formation of an access is permitted development and doesn't require permission at all. If permission is required it would be operational development which would only be immune after 4 years, unless it was a breach of a specific condition on an earlier permission forbidding such an access, in whihc case 10 years would have to elapse.

[islandgirl]

That is very helpful Richard - thank you very much