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advice needed by an entire street

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matt1e | 01:16 Wed 06th Feb 2008 | Civil
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hi i live in a private road in a conservation area with only one frontage on one side. across the rd we have a 1 metre "buffer strip" which we (the neighbors) maintain
beyond this strip is a boundary wall which has always separated our rd from the back of the adjacent row of semi-detached houses
a couple of years ago some one bought up four of the semis and demolished them with the view to building a terrace of five houses but we objected to the plans,not because of the houses but to the fact that he had proposed to put access gates into our street to put out rubbish bins etc he then revised the plans and was given planning permission on provision he had to rebuild the boundary wall and with access to the side of his properties and replace the trees he knocked down etc now the building work is nearly finished and we have been told he is again wanting to put in gates and has been told to put in a amended plan by another officer who has took over in planning and "there shouldn't be a problem" our street spokesman has been to planning to complain and has been told that as far as the council is concerned its a civil matter between us and him surely they cant just "move the goalposts" like this
does anybody know where we stand?
Thanks
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Well it sounds as though even if the builder puts the gates in you can deny the occupants of the new houses use of them - just tell them it's a private road and that you forbid them to use it in any way.
The Planning Officer can make changes as a development proceeds and can ignore objections. There is nothing you can do about that. Only the owner of the private road can forbid its use by those to whom he objects and can obtain an injunction to enforce it. If your use of the private road is merely by grant of a right of way then you cannot stop anyone or anything whatsoever from using it.
Its true that the Planning Officer can agree to an amendment in the original plans.
But if it is controversial and impacts others he doesn't normally do so.
Have your group written to the Planning officer to express that you consider a substantive change has occurred?
This might foce the issue and him being told that he has to re-apply to make this change. Then the change becomes subject to the scrutiny process of objections etc.

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