Site Access

Dubsey

Hi all. We own land and are looking for access to a certain portion of it.

It adjoins a road but only on one corner. Literally a single pailing post. See attached photo. Our land being in the red and the road in height with the neighbors land in green.

So to get any sort of access to it I would need to speak to the neighbors.

My question is, given that it fronts the road, albeit a very small amount, do we have any rights of access?

Thanks in advance.

brian_t

https://www.farmersjournal.ie/farm-gate-row-goes-to-an-bord-pleanala-332927

nuac

Dubsey
what is the width of the actual road frontage at this corner?
What is the status of the road?
Unless there was a long established entrance here you will have major difficulties with the planning authority
If you wish I could seek to transfer your query to the Planning forum
Mod

Dubsey

nuac wrote: »

Dubsey
what is the width of the actual road frontage at this corner?
What is the status of the road?
Unless there was a long established entrance here you will have major difficulties with the planning authority
If you wish I could seek to transfer your query to the Planning forum
Mod

Hi.

I believe it is classified as an L road.

Attached is a photo showing condition and width etc.

The corner of the land just meets the roadside here so theoretically no frontage. Hence the need for a chat with the neighbors.

I wouldn’t have thought that there would be any major planning problems?

Thanks.

Dubsey

Dubsey wrote: »

Hi.

I believe it is classified as an L road.

Attached is a photo showing condition and width etc.

The corner of the land just meets the roadside here so theoretically no frontage. Hence the need for a chat with the neighbors.

I wouldn’t have thought that there would be any major planning problems?

Thanks.

Photo attached.

ganmo

Afaik the only obligation on neighbours to provide access is if the land is land locked which by the sounds of your post it isn't

louis346789

Please attach or link the photos

louis346789

There was an exemption for field gate unto road of less than 5m wide I think. Not sure still applies

godtabh

nuac wrote: »

Unless there was a long established entrance here you will have major difficulties with the planning authority

That simply not true. There are many issues to consider such as the land take, development plans etc etc but if you can show safe access there should be no issues.

Employee a professional and dont listen to randomeers on the internet and the OP will have a strong case if the neighbours sell some land

Dubsey

Trying to post the photos again.

Dubsey

Sorry. Photos to large to post and not somewhere I can reduce them.

nuac

Moved to Construction and Planning. I believe this is primarily a planning matter

If you do manage to post photos do not include anything that was identify the plot

rayjdav

No rights of access. Planners cannot grant permission over lands that is not in your holding, unless adjoining land owner grants permission for access, you will have to look at alternative. Also, to gain adequate sightlines, probability is that remedial works would be required to neighbouring properties ditches. Same landowner own both adjoining folios?
Where is the established access for this field, can this not be used?

Dubsey

Hi.

The only other access is a good distance away and the only mode of transport that would currently be able to traverse it would be a track machine (digger, etc.) due to the condition of the land and a steep incline.

I think the answer is to speak with the adjoining landowners to try to agree a right of way/easement.

I don’t think that an easement by necessity applies in this situation as the land is not land locked.

Thanks.

louis346789

Planning exemption is onto a road of maximum 4 m width not 5m as my previous post.

rayjdav

louis346789 wrote: »

Planning exemption is onto a road of maximum 4 m width not 5m as my previous post.

I read this as not being an automatic planning exemption more-so if there is planning already on the site and you want to amend the granted permission, i.e. you cant just form an entrance. This would be open season in the countryside.

9.1(a)(iii) goes on to state "endanger public safety by reason of traffic
hazard or obstruction of road users". On this logic you would need to satisfy the roads department that it is not a hazard initially.

louis346789

My understanding of it is that you can make a new entrance onto a roadway of maximum 4 m width to facilitate a development that is an exempted development under the act .
E.g. a farmer who builds an exempted animal shed in a field can open such an entrance to facilitate this development.

The act is silent on the requirements regarding road safety, width of access, sightlines etc.

Its 30 years since I dealt with these some am a bit hazy on the full details.

Dubsey

Hi,

So I’ve met the neighbors and they have agreed to the easement (right of way) on their land on the basis of us covering all legal costs which I think is very reasonable.

Thanks all for the input.

D.