If you’re looking to build a new home, you may have come across access restrictions. Depending on whether you live on designated land or not, or your proximity to a main road, there may be requirements for pedestrian or vehicular access before planning permission will be granted. This guide will cover where and when this is applicable so you can navigate your build’s access without issue.
What are access restrictions?
Access restrictions refer to the right of ‘access’ to a road. Often councils have to take advice or a decision taken by the highway authority when it comes to planning permission, and whether the right of access lies with the homeowner or not. There are many different instances where access restrictions are or are not applicable, so it is always advisable to check prior to purchasing land or extending your property.
When are access restrictions applicable to planning permission?
To make it easier for you, we have broken down scenarios where access restrictions will or will not require planning permission in the table below.
| Requires planning permission | Does not require planning permission |
| If your driveway would cross any pavement. Consent from Highways or any other relevant parties is required and may include stipulations for your new driveway. An approved contractor may also be required. | If your property directly adjoins the highway, (but not a trunk or classified road or if access would be dangerous). |
| If access is required to any trunk or classified road, although this is normally granted during planning approval. There are exceptions such as if vehicles will be entering or leaving a carriageway close to a junction, sharp corner or blind spot. However, the exceptions may be allowed with conditions such as the position of gates, drainage and gradients. | If access will cross a grassed verge (but again not if it adjoins a trunk or classified road). |
There are also instances where you may need the consent of third parties prior to planning permission approval:
- There is a gap between the proposed site and highway which is in the ownership of a 3rd party.
- If the aforementioned gap has been created as a ransom strip.
- If the road serves a number of homes then consent from local authorities may require that the build, drains under it and street lighting comply to Highway Standards.
Aside from highways, there are other types of roads that host legislation which may affect the development of your new property.
Access restrictions and unadopted roads
An unadopted road is a road that is not maintained under the Highways authority. As such they have different stipulations that you may need to consider. These include:
- Making sure the right of way is applicable to the new house if a plot is part of the garden of a house which has a right of access over private land. The right of way may no longer apply if it identifies a house name or number specifically.
- That rights of access should include the ability to bring services into the plot proposed.
- That an agreement for responsibility of a shared private roadway will be agreed upon in a legal document.
There are ways to navigate around this. These include that if the access road has no owners that can be traced, you could, with the agreement of your neighbours, ask for it to be adopted by your local authority. However, this may result in an increase in council tax due to the costs of the road, its lighting and sewers needing to be borne by its residents. You could also consider a single premium indemnity policy and proceed anyway. This would mean if this did break any planning permission rules, the costs should be the burden of the insurance vendor.
Access restrictions and shared driveways
Shared driveways are normally where a ‘backland’ plot shares a driveway with a house in front of it, or an infill plot where the build shares a driveway with the pre-existing house on a plot. Factors to consider here include:
- That if additional works are needed to bring the driveway up to standards for both houses, that cost would usually be expected to be paid by yourself.
- The right of way should be clearly set out in any transfer documentation prior to building.
- Any documentation sets out who is responsible for maintenance responsibility, hopefully jointly.
- Any precluding of parking that might impact the access of the other party should be set out and agreed upon in the terms.
Unrestricted right of way
You may also be able to navigate your new driveway with ease if the property has held an unrestricted right of way for a continuous period of 20 years or more. A break of one year is allowed, and this right of way must have been obtained without force or illegal means. If you are a freeholder and your property is not on land owned by the Crown, British Waterways or any Railways then you can apply to the land registry to formalise your unrestricted right of way.
General rules of thumb
Regardless of the type of road you are creating a driveway on, there are measurement specifications to be aware of. These include:
- Gates must be set back 4.5-6.5 metres from the carriageway
- Gates must open inwards
- Gates require a 45° splay
- There should be space for two cars to be parked, which can enter or leave the property in forward gear and with space for turning
- You may be required to create temporary access for construction traffic and hardstanding for offloading
- Access for a fire engine’s measurements as part of B5 of the building regulations code
- Enough visibility for oncoming traffic
You can ask for a planning officer to come and help advise you on any requirements from your local authority. Do you require any assistance with access requirements? We can help. If you live in Keighley, Silsden, Bingley, Ilkley & Skipton, contact us today on 01535 653530 or online here.