Diverting access rights to enable development to proceed

The Property Disputes Team recently assisted a developer client who was in the process of developing a multi-million residential scheme with an on site community facility.

In order for the scheme to proceed, our client was obliged to enter into a section 106 agreement with the Local Authority that required the variation of the route of a private right of way where the consent of at least one person to the diversion would not be obtained.

We devised a strategy for the re-routing of the private way in such a way that nullified the risk of any claims against our client and produced a solution that satisfied the Local Authority, and which in turn enabled the planned scheme to proceed.