estate-planning injunctions
Outline Planning application on my land
<p>A developer has submitted an outline planning application (major matters reserved for a later date) using part of our land as access to a larger site. We have a covenant on our land that would forbid an access road.</p>

<p>We are going to refuse any access but the planning department is still considering the application in an outline form even though we have expressed our refusal to co-operate.</p>

<p>Is there any legal way we can get him/the council to stop the application? We suspect he is aiming to get outline plans then start trying to convince us to sell, but we feel loyalty to neighbours who are objecting and will not sell.</p>

<p>Do we need an injunction or is there a breach of planning rules we can reference?</p>

<p>I am going to assume you are in England and Wales (because you use terms like <em>outline planning permission</em> and <em>major matters reserved</em>).  If this is not correct, my answer may not apply.</p>

<p>There is absolutely nothing to stop a developer submitting a planning application to knock your house down, and build a block of flats on the site.  Obviously they can't actually <em>demolish</em> the house without your permission - but they ask the local authority "what do you think of this idea?"  Needing your land is not a breach of any planning rules (and, as you say, the builder will be planning to persuade you to agree).</p>

<p>The covenant looks promising, but if you go ahead and allow the road to be built, who could enforce the covenant?  If the person (natural or legal) who has the right to enforce no longer exists, and hasn't passed the right on to some successor then the covenant is worthless.  Similarly if the person who has the right to enforce is now owned or can be bought off by the builder, the covenant is worthless.</p>

<p>You can object to the planning application in the normal way, but do make sure that you object on proper planning grounds (loss of amenity, overlooked, not according to the local plan, over-developed, etc).</p>

<p>You can also write to the developer directly (not the planning department), saying that they shouldn't waste any further time on this project, as you will not be cooperating.  (This only works if there is no <em>other</em> property they could use as an access.  If the project is large enough, they may even be able to buy another house, demolish it, and build the road through there.)</p>

<p>(Assuming this is the UK) planning permission is not concerned with access rights or other restrictions, which are a civil matter between the landowners concerned. </p>

<p>When it comes to <strong>detailed</strong> planning permission then the highways authority would look at road widths, turning areas, splays etc, but access rights over the land are still not a matter within the planning authority's purview. </p>
