Neighbour - New Footpath Gate

[johnb5555]

Neighbour has put in planning for 8 houses and has included putting in a new gate in the hedge to join up with an existing footpath on my side of the hedge.

My field is the village play park, became too much hassle for grazing with neighbours dumping all sorts over their fences.

So a new access doesn't really affect myself that much it's just the principal. Is neighbour allowed to put new gate in his hedge without asking?

 

[Drago]

I believe u don't need permission to put in planning. However would need permission from land ownership to install gate. Perhaps he was going to ask if when planning went through?

 

[milkloss]

I believe u don't need permission to put in planning. However would need permission from land ownership to install gate. Perhaps he was going to ask if when planning went through?

If it was me I would have already made up my mind!

 

[David.]

I think the fact that it is his hedge probably means he can.
Though I wonder if you could erect a length of fence less than 2m high on your side of the hedge, just for the sport of it.

 

[milkloss]

I think the fact that it is his hedge probably means he can.
Though I wonder if you could erect a length of fence less than 2m high on your side of the hedge, just for the sport of it.

That made me wonder if he had a right of access to maintain said hedge

 

[Badshot]

Sounds like it might be helpful in future , if he's got a company building houses, they might like your field too.

 

[Dry Rot]

Assuming landowner A gives neighbour B permission to install such a gate and A then sells up to C, can C prevent B/the public from using the gate? I'm in Scotland, so the 'right to roam' prevails. Does the right of access through the gate continue after it is created into perpetuity?

I think what I am asking is once an access is granted, can it be closed up by one of the neighbours?

So, if the OP allows the gate to go ahead, can he ever close it up again if it gives rise to nuisance?

 

[David.]

The neighbour is effectively funnelling a small housing estate worth of walkers, kids and dog crap into OPs field.

 

[7610 super q]

Bud nipping needs to take place here.

 

[Jameshenry]

You give people an inch they take a mile ! If there hasn't been a right of way there before, get there and put a stop to it ! Or tell him to get his chequebook out

 

[milkloss]

Put in planning permission to use the potential access for a bunch of houses. You will establish whether you could a:have a bunch of houses and play at farming or b:the access will be frowned on and will put the kibosh on his application.

 

[Surgery]

i would defiantly have a chat with the neighbour about this , after all you could quite easily plant black thorn your side.

Would the foot path continue onto his for all and sundry , is there an anti bike gate proposed , lots of questions to ask.

 

[Still Farming]

Dung heap

 

[Pond digger]

Neighbour has put in planning for 8 houses and has included putting in a new gate in the hedge to join up with an existing footpath on my side of the hedge.

My field is the village play park, became too much hassle for grazing with neighbours dumping all sorts over their fences.

So a new access doesn't really affect myself that much it's just the principal. Is neighbour allowed to put new gate in his hedge without asking?

Who owns the hedge? If it’s not yours then I doubt you can do anything about it.

 

[caveman]

As foot paths originally came about and were used by persons to go from "A" to "B", or vice versa, then that is what they should be used for. I have also heard it said, that once on a footpath, one must only go between those two points. One cannot turn back halfway. All very logical really and would suggest joining a path along it's way is a no no, unless via another path. Going through a hedge to join a path could possibly be construed as establishment of a new path.