New to the forum and following a conversation with my neighbour where he states that he is going to oppose my planning application before its even put in I thought I would get a bit of advice.
He has several concerns such as blocking his light and restricting his view, however these can easily be dismissed as my proposed will do no such thing, and so this aspect of his complaint is not in my opinion anyway valid. He disputes the boundary that is indicated on the land registry in my deeds, i.e the area I want to build on is indicated in my plans as being my freehold area.
The main issue I have is that my property is a terrace made up of three cottages and at some point in time the land registry was altered to allow a right of access in the form of a path down the side of my house to obtain access to the rear of his. This access however is never used as property no 1 and no 2 use the driveway to obtain access to the rear. We have lived here since April 2014 and in all this time no one has used the side access to the property including the man who wants to oppose our application. Unfortunately there will be no way of re routing the right of way due to the site constraints. The man who is intending to oppose the plans does not live in the property he rents it, and the owner of the other property has no issues with our proposed plans.
So my main question is will the planning authority pass the application based on its merits and ignore the deeds as this will be a legal / civil issue, Am I wasting my time and money my submitting an application. Has anyone had any experience of this in the past and if so how did you resolve it.
I would love to upload a site plan so you can visualise the issue however admin have disabled this option on my account
Thanks for you advice in advance