Worldlife
13-07-2006, 23:24 PM
Several planning applications have been made by the owner of a property behind my sister's bungalow to demolish an existing five bedroom Georgian style property constructed about 30 years ago and replace it with several small blocks of flats
The most recent planning application was rejected as overbearing in the size of the buildings and the effect this would have on the surrounding area.
The access to the site is by single width driveway between my sister's bungalow and the adjoining property. This driveway leads onto a private road and the responsibility for maintenance of the road and covenants is in the hands of Trustees who I believe are elected by residents forming the scheme.
The current owner of the redevelopment property has no documented access rights to and use of the private road.
For starters I have put the following questions to the Chairman of the Trustees on behalf of my sister.
The market value of Property X as a single dwelling but without documented right of access.
The market value of Property X as a single dwelling but with documented right of access
Whether the owner of developer would able to claim right of access by precedent (i.e for how many years have the Trust condoned the unauthorised access or have the Trust continually drawn the attention of the owner/s of Property X to negotiate a documented access?)
Would it be possible by legal action for the owner or developer of Property X to ratify on deed what has been established in practice?
What are the chances of the Trust being able to oppose such ratification.
Would the owner or developers of Property X be prepared to make a payment to the Trust for the right of access to avoid such legal action. Presumably the costs of legal action for all parties are an incentive for a negotiated settlement.
Am I correct in thinking that the difference in value between the Trust approved redevelopment and the maximum density redevelopment represents a reasonable price for the granting of access rights? Is there a figure for this?
Would I be correct in thinking that the solicitors acting on behalf of prospective purchasers of Property X (or properties built by a developer on the site of Property X) would advise the purchaser not to complete because of doubtful right of access?
The idea I floated to Patricia was if the Trust need to raise substantial funds to fight a potentially successful Court case might there be sufficient members of the Trust who would be willing to organise and participate in an alternative action. I had in mind the possibility of the Trust acquiring the site to sort out the deeds and resell the site with the benefit of planning permission and covenants restricting overdevelopment. Could such a venture be organised via a potentially profit making Company controlled by the members of the Trust with non investing members entitled to a minority proportion of shares free of charge. The majority of shares might be allocated on the basis of sharing the investment level needed. Presumably if things were done with the expertise I can see in the Trust the Company concerned would be able to raise a mortgage to complete the objectives. Forgive me for floating the idea if it is completely off track!!
Any guidance as to the answers I might expect and additional questions would be appreciated.
There is one resident, who is also a member of the Trust, who is totally opposed to negotiations that will result in the Trust condoning an intensive redevelopment.
I've suggested my sister talk to this dissenting member with view to an alternative plan. Would something along these lines have any chance of success?
There is also a second copy and you might like to consider letting your neighbour ,who takes the “no negotiating” stance ,have a look at it. Maybe that neighbour would like the Trust to take a stronger position on certain issues.
Perhaps you could both consult a “no win- no fee lawyer” to consider whether an injunction could be taken out to prevent any redevelopment plans until such time as the rights of access are resolved with the Trust. (of which you are members)
Maybe a secondary injunction against the Trust preventing them granting access that would cause distress and serious loss of privacy.
You and your “non-negotiating” neighbour would then have substantial control over the situation and the owner or developers of Property X might be willing to consider substantial compensation if the injunctions were withdrawn.
Do I recall correctly the Trust were somewhat laid back in getting all properties using the access road to contribute to maintenance repairs . Did the Trust opt out of enforcement of the charges (or fees for access rights) for certain owners.
An added future question for Chairman of the Trust is has the owner of Property X contributed to road maintenance charges? If he has then I’m wondering to what extent that may bear on the issue as to whether access rights have been recognised by the Trust.
Guidance would be appreciated as to what might be valid arguments and possibilities and which are non-starters. All guidance would be helpful.
The most recent planning application was rejected as overbearing in the size of the buildings and the effect this would have on the surrounding area.
The access to the site is by single width driveway between my sister's bungalow and the adjoining property. This driveway leads onto a private road and the responsibility for maintenance of the road and covenants is in the hands of Trustees who I believe are elected by residents forming the scheme.
The current owner of the redevelopment property has no documented access rights to and use of the private road.
For starters I have put the following questions to the Chairman of the Trustees on behalf of my sister.
The market value of Property X as a single dwelling but without documented right of access.
The market value of Property X as a single dwelling but with documented right of access
Whether the owner of developer would able to claim right of access by precedent (i.e for how many years have the Trust condoned the unauthorised access or have the Trust continually drawn the attention of the owner/s of Property X to negotiate a documented access?)
Would it be possible by legal action for the owner or developer of Property X to ratify on deed what has been established in practice?
What are the chances of the Trust being able to oppose such ratification.
Would the owner or developers of Property X be prepared to make a payment to the Trust for the right of access to avoid such legal action. Presumably the costs of legal action for all parties are an incentive for a negotiated settlement.
Am I correct in thinking that the difference in value between the Trust approved redevelopment and the maximum density redevelopment represents a reasonable price for the granting of access rights? Is there a figure for this?
Would I be correct in thinking that the solicitors acting on behalf of prospective purchasers of Property X (or properties built by a developer on the site of Property X) would advise the purchaser not to complete because of doubtful right of access?
The idea I floated to Patricia was if the Trust need to raise substantial funds to fight a potentially successful Court case might there be sufficient members of the Trust who would be willing to organise and participate in an alternative action. I had in mind the possibility of the Trust acquiring the site to sort out the deeds and resell the site with the benefit of planning permission and covenants restricting overdevelopment. Could such a venture be organised via a potentially profit making Company controlled by the members of the Trust with non investing members entitled to a minority proportion of shares free of charge. The majority of shares might be allocated on the basis of sharing the investment level needed. Presumably if things were done with the expertise I can see in the Trust the Company concerned would be able to raise a mortgage to complete the objectives. Forgive me for floating the idea if it is completely off track!!
Any guidance as to the answers I might expect and additional questions would be appreciated.
There is one resident, who is also a member of the Trust, who is totally opposed to negotiations that will result in the Trust condoning an intensive redevelopment.
I've suggested my sister talk to this dissenting member with view to an alternative plan. Would something along these lines have any chance of success?
There is also a second copy and you might like to consider letting your neighbour ,who takes the “no negotiating” stance ,have a look at it. Maybe that neighbour would like the Trust to take a stronger position on certain issues.
Perhaps you could both consult a “no win- no fee lawyer” to consider whether an injunction could be taken out to prevent any redevelopment plans until such time as the rights of access are resolved with the Trust. (of which you are members)
Maybe a secondary injunction against the Trust preventing them granting access that would cause distress and serious loss of privacy.
You and your “non-negotiating” neighbour would then have substantial control over the situation and the owner or developers of Property X might be willing to consider substantial compensation if the injunctions were withdrawn.
Do I recall correctly the Trust were somewhat laid back in getting all properties using the access road to contribute to maintenance repairs . Did the Trust opt out of enforcement of the charges (or fees for access rights) for certain owners.
An added future question for Chairman of the Trust is has the owner of Property X contributed to road maintenance charges? If he has then I’m wondering to what extent that may bear on the issue as to whether access rights have been recognised by the Trust.
Guidance would be appreciated as to what might be valid arguments and possibilities and which are non-starters. All guidance would be helpful.