Claim of planning error by ERC

Blocked lane leads to planning error allegation
Blocked lane leads to planning error allegation

A Clarkston resident is battling with East Renfrewshire Council to put right what he claims is their planning mistake.

John Gaffney, who resides in a flat at 28 Busby Road is alleging that the council, in granting a planning application back in 2002 made a serious error.

The resident went on to explain that a public right of way at the rear of the property had been turned into a private drive and garden area, meaning that bin collections and courier deliveries were almost impossible.

Mr Gaffney said: “This issue came to a head when I started to do some renovations at my home. I found trying to get material delivered was a nightmare. On checking the position with my solicitor, who in turn checked my title deeds, found that I, along with many other residents have what is known as a ‘servitude right of access’. This is a legal right of access to the lane at the rear of the flats.

“I cannot understand why on earth the council allowed one individual planning permission to the exclusion of everyone else.”

Mr Gaffney bought his home in 2007, five years after the council had granted consent to turn the lane into a private drive and garden area and therefore did not have the opportunity of objecting at the time.

An East Renfrewshire Council spokesperson said: “This planning application was granted in 2002 after all relevant planning considerations were taken into account. No objections were submitted prior to the application being considered or once the decision was made. In addition, the lane was not considered at the time to meet the requirements as a public right of way and the applicant had certified that he owned the land. As has already been explained to Mr Gaffney, although planning permission was granted the onus still remains on the applicant to ensure they have all necessary ownership rights in place to implement the changes applied for. If Mr Gaffney believes that his title deeds indicate a right of access over this area of land, then that is a completely separate matter to the planning permission. This would be a matter for Mr Gaffney to pursue with any third party who it is believed has breached his title rights.”

Mr Gaffney would like to hear from others affected by this problem on 07872670250.