2: Local Plan Policies
FBE.2
FBE.3
FT.4

3: Residential Design Guide
Density
Housing Balance
Open Space and Wildlife

4: Grounds for Objection
Highways
Amenity
Policy
Environment

5: Similar Applications

6: The Objection
Layout
Copy to Councillors
Parish Council

7: Property Law
Easements
Easement of Light
Right of Way

8: Planning lexicon

9: The Ombudsman

10: FODDC

11: Links

Easements are not of direct interest to Planning, although it does no harm to make them aware of their existence. An easement may enable an objector to exert some influence on the developer but it is important to understand that this is outside the planning process and would require a solicitor to advise.

An easement may be defined as a right to use or restrict the use of the land of another person in some way. The following may be of relevance to proposed construction on adjacent land:

1. Easement of Light: This exists if the light has been enjoyed for a continuous period of 20 years without permission evidenced by deed or written agreement. An Easement of light does not mean an entitlement to unlimited light but rather to an amount appropriate to the function of the room which receives the light. For more details see http://www.biat.org.uk/Practice/Info%20rights%20of%20light.htm

2. Right of Way: This may be established by 20 years uninterrupted use as of right i.e. without force, stealth or permission. Such a right of way may be substituted e.g. routed around the proposed buildings but cannot be extinguished.

Other Easements may exist. For example, the sewer serving my property runs beneath the land on which the Planning Application was made. I asked a former occupier to swear a 'Statutory Declaration' acknowledging the existence of, and uninterrupted use without permission of, the sewer.  This established the easement. I mentioned this in my objection, and a note was added to the grant of Planning Permission to this effect by the Council. The developer may reroute the sewer but may not interrupt it's use.