Maintenance of shared access

[F6K]

Our house has a right of access over a driveway which serves some council offices and in the right of way agreement, we are responsible for the maintenance of the first section of this drive (even though we do not own it). However recently the council have set up a garden centre to the rear of their property (which they haven't yet got planning for) and are using the drive for access to the garden centre.
This has resulted in more vehicular traffic on this drive (especially at weekends) and therefore more wear and tear to the drive. What rights do we have, when it comes to the maintenance, can we legally force them to take the maintenance liability back or do we have any legal rights to prevent the garden centre from getting planning permission?

[buildersmate]

Hmmm. That doesn't sound terribly satisfactory.
Do you know who does own the section of land over which you have access rights?
If it is not the council, have you inspected the land registry record of the land on which the council building is situated, to establish exactly what right of way they do have? The council land will be registered at the LR, the same as any other land - with the registered proprietor being Great Fopping District Council, or whatever.
Are we to assume this driveway is not tarmaced then?
I can't see how you can use this aspect in isolation to deny PP - but you could seek to have permission granted on condition that access is properly finished and adopted as part of the public highway (if that's what would be OK for you).
Is this garden centre something the council are doing themselves, or are they merely trying to sell and excess piece of land with OPP for retail development for a GC, to a commercial enterprise?

[F6K]

Hi, Thanks for your reply
The land that we have rights of access over is owned by the council and is tarmaced, however it is not adopted as it is mearly part of the council offices land.
The garden centre is actually being set up by a third party, but I am sure that they have not and will not be buying the land it will just be leased to them.The planning application has been submitted in the garden centres company name.

[Vixen-am-I]

Where we used to live my Mum owned the driveway but 2 neighbours had access over the drive due to the volume of traffic was deemed equal maintenance would be shared 3 ways....... With the volume increasing due to the Garden Centre. you should have a case to re-negotiate and have your deeds amended. It's worth asking.

Approach the planning dept at local council and the highways dept too. Most people don't realise that the Transport/Highways dept have a lot of power over some planning issues where increased traffic volume is involved. Do you have any other neighbours that the traffic volume will affect? Get them to write to the 2 depts too - emphasize the additional damage it will cause to the driveway, noise & polution levels.....

[F6K]

Thanks for that.