Thanks for that Bluecup.Engaging in the planning process and objecting is the right move. However I have seen examples where the council (and then An Bord Pleanala) washed their hands of the private right of way issue saying it was outside their planning remit and was a civil matter. In case that happens here, I would be ready to engage a solicitor to draft a letter to the developers. As it is registered on the folio you are in a very strong position.
Thanks for that Bluecup.
Nothing in OP to indicate this is the case. What is stated is that the new road will join the main road, something that is very difficult to get planning for.4. The development lies between the main road and the parents' property.
5. If 4 is correct will parents need to pass over a brand new road or over a renovated version of the current road to access the main road ?
Why would they still need access to the lower part of the road if as you say it’s usage/necessity will become redundant in any case?Hi all, just looking for some information. My parents have right of way on a private road that leads up to their house (it's a long road, about 600m). The land around it has been sold & there is a large development planned on it which includes a lower section of this road. There will be a new road put in halfway up the original road which will eventually lead to the public road. However, what say do my parents have with the lower section of the road now becoming redundant? Do they have any position to object to this as they always had a right of way on the entire road? Or is it that because they are given new access then they have no grounds to dispute losing the rights to the lower part of the road?
The new access road takes them quite a bit out of the way.
Your parents have a registered right of way which someone wants to change.
At the very least the (proposed) new right of way will need to be registered to your parents property.
Take care as to who will be responsible for the maintenance of the new road, and will they have an incentive to maintain it indefinitely.
I think your parents could object to, and refuse to allow any change in the route of the existing right of way, but this may depend on the wording of the registered right of way.
Consider if the proposed change would adversely affect the convenience of the right of way, eg would it mean a longer walk to the nearest bus stop? Is it longer and would therefore cost more to maintain?
The lower part of the existing road would only become redundant due to the creation of this new road, which is not a like-for-like. In fact, it's quite the opposite and will adversely affect the convenience of their current right of way.Why would they still need access to the lower part of the road if as you say it’s usage/necessity will become redundant in any case?
Yes, by way of a new housing development.It's still not fully clear what is being proposed here. Are you saying part of the route that they have a right of way over is to be removed with access to the main road to be facilitated over a new, longer road?
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