Planning permission "further information"

[Mackky_101]

Just wondering if anyone would be able to help.

We are in the final stages of our planning permission and our local council have asked for "further information" in regards to site lines on our road. They have asked we flatten a bit of land across the road which belongs our neighbour. Our neighbour has no problem with us removing this land or what is needed to be removed but is currently sorting out some personal issues with his mortgage so would prefer not to sign an easement letter as he is afraid it would bring extra unnecessary hardship on us for the sake of removing a tiny bit of grass (no exaggeration its tiny). Do ye think a letter of consent from the neighbour giving permission to do what is needed and have another neighbour as a witness would suffice?

Hopefully it will.

Thanks

 

[Leo]

It should satisfy them, you don't need permanent access to an easement is likely OTT. They may add the completion of the work as a condition on the planning.

 

[Hansen]

Email/ring the planning dept and ask if the letter will suffice as further information and they can advise what specific further information is required to process your planning request instead of possibly prolonging the wait time.

 

[daithi28]

You should check with the planning office or read precisely what is outlined in the Further Information request. A number of planning authorities in recent years have sought full legal agreements and not just a "letter of consent". The formal legal agreement usually includes a map showing the extent of the lands so affected outside the site boundary together with an undertaking from the third party’s solicitor that the agreement will be entered as a burden against the title of the land.

There have been numerous cases where letters of consent (not worth the paper they're written on) have been renaged on, which has left a situation where sightlines are not provided and/or maintained, it constitutes a traffic hazard and there is little the planning authority can do, as the sightline condition is not enforceable.

 

[Mackky_101]

Thanks very much for all your replies.

So the Neighbour has decided that he actually wants to remove this embankment himself as it is in front of his house so wants to flatten it and re-seed it as a lawn (Which flattening it is all we needed to be done to have correct site lines) so when we send bank in our additional information we will just be letting the council know that the embankment has been removed (as neighbour's own doing) and hopefully this will make them happy??

Do any of ye think this should be ok?

I have rang the council and explained this before we go get the digger out and she reckons thats fine as it was the Neighbours idea and his own property.