Applying for planning permission is a lengthy process, which can mean that it could potentially be years that your land is going unused for before development. During a period of dormancy, it is important that access to your land is restricted. Issues surrounding land usage rights can potentially have a detrimental impact on your application, therefore it is vital to take steps to protect your land.
Depending on the type of land, different issues will be more of a risk, for example it’s unlikely a Brownfield site would be subject to a village green claim, however on an urban site there may be a greater chance of fly-tipping than there would be on Greenfield land. No matter what the risk-factors there are some simple precautionary measures you can take to protect your land, which may save a lot of time and hassle in the long run.
Deter Unauthorised Access
No matter where your site is located failing to prevent people accessing your land can cause issues in your planning application. Protect your land from unwanted trespassers by ensuring the perimeter is clearly marked out by painted boundary lines or, even better, sturdy fencing and installing numerous signs to alert people to the fact they are encountering private land. If you find a trespasser onsite, politely ask them to leave, as they are legally required to leave if you do so but contact the non-emergency police number if the problem is persistent.
Issues caused by continued unauthorised access can go far beyond dealing with nuisance trespassers. If people constantly use your land as a thoroughfare lines of ownership can become blurred as it could be deemed your private land contains a public footpath. This can become an issue especially if no attempt has been made to block access – a right-of-way claim can be registered if any person declares they have been passing through the land unimpeded for twenty years. Similarly, a Village Green claim can be brought forward on the land if a significant number of local residents have used the area for recreational purposes over the last twenty years. Claims of this manner can significantly delay development planning and in some cases block a development altogether. Prevention is the key to avoiding these scenarios.
Stop Encroachment
Encroachments happen when a neighbouring resident puts up a structure that intrudes on (or over) your land. If an encroachment goes un-acted on or unnoticed the person making the encroachment could potentially stake a claim on the land according to the law of ‘adverse possession’. If there has been uninterrupted adverse possession taking place for a period of twelve years or more it is likely an existing landowner would lose possession. Clearly marking and protecting the boundaries of your land is essential for avoiding these kinds of disputes and if any encroachment should occur it is crucial to put a stop to it immediately.
In future blog posts, we will look at further things to consider to ensuring you protect your land. If you need more advice don’t hesitate to get in touch with Land Market, we’d be happy to help.
Here at Land Market we are experts when it comes to buying and selling land for development. Whether you’re looking to develop land yourself or sell a plot for development you will need to begin by looking into your sites potential for being granted planning permission… Planning permission is the required consent by the local authorities that allows you to be able to build on land or alter pre-existing buildings. If you are planning to develop any type of land obtaining planning permission is the first essential step to your build. This is an extensive process which consists of numerous steps and although it is possible for anyone to apply...
In our last blog post we covered the issues of access and encroachment and the importance of ensuring your land is not used in any unauthorised way. Here we take a look at land maintenance and steps you can take to protect your unused land. Keeping a site in the best possible condition will improve its chance of a quick and easy sell, and prevent your planning application being affected by ecological issues taking hold. Failing to take appropriate precautionary steps against certain factors can cause lengthy delays and in some cases even remove the chance of having planning permission granted altogether. Controlling and Managing Wildlife It’s all too easy for an unused...
When it come to developing land, environmental and ecological factors have a huge bearing on whether a proposal will be granted. When seeking to obtain planning permission your site will be subject to numerous assessments to analyse these factors and ultimately determine its eligibility. When granting permission for development the local authorities have a duty to protect important habitats, wildlife and trees. Ecology Reports An ecology report will consider whether any wildlife or important habitats could be harmed in the building process, or if there are any legally protected species living on your site. When there is a likelihood that a planned development could have an impact on protected wildlife planning...
Do you have land you think has development potential but don’t know where to begin with obtaining planning permission? Are you worried about making the wrong decision when it comes to selling your land? Let us guide you through the basics of selling your land with Land Market… With all manner of environmental and financial factors to consider, getting planning permission for your land is without doubt a complicated process. The type of planning permission sought not only influences the value of the land, but its ultimate saleability. It is therefore vital to understand the entire process from start to finish to ensure the correct decisions are made every step...
clearly marked out by painted boundary lines or, even better, sturdy fencing and installing numerous signs to alert people to the fact they are encountering private land. If you find a trespasser onsite, politely ask them to leave, as they are legally required to leave if you do so but contact the non-emergency police number if the problem is persistent.
