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Ask Buachaill Your Own Question
Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
Satisfied Customers: 10170
Experience:  Barrister 17 years experience
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I have a double drive way in front of my house in Limerick

Customer Question

Hello Pearl, I have a double drive way in front of my house in Limerick where I park my two cars. however I only have a one car entrance to my garden from the public road. I'm about to remove some of the grass verge and kerb outside my garden on the public road and lay some concrete so I have an extended double entrance to my house for both cars. By lowering the kerd outside my house does if give me automatic right of way to new the extended entrance. I'm aware I need planning permission to complete these works, but if the planning permission gets approved does it give me extended right of way. thank you in advance.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes
JA: What advice did they give you?
Customer: only that I need planning permission
JA: Is there anything else the Lawyer should be aware of?
Customer: I don't believe so
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Republic of Ireland Law
Expert:  Ben Jones replied 6 months ago.

Have you contacted the merchant regarding this?

Expert:  Ben Jones replied 6 months ago.

Sorry I sent that by accident. I will opt out for another expert.

Expert:  Buachaill replied 6 months ago.

1. When accessing onto a public highway or road, it is the approval from the Highways department of Limerick County council which in law operates to expand your right of access to two cars as opposed to one car. However, to widen it to this extent you still need planning permission. A right of access is different to a right of way. You currently have a right of way. However, if you want to expand the right of access to two car width you need the approval of the authority which owns the public highway. This does not expand your right o f way. You still only have one right of way. However, the access is then expanded to two car widths if you get planning permission and approval from the Highways department of Limerick County Council.

Expert:  Buachaill replied 6 months ago.

2. You also need to realise that in law, you own up to the midpoint line of the roadway which you access onto. The public highway merely has been taken in charge by the Limerick County Council. However, you need their permission if you want to expand your right of access to two car width.

Expert:  Buachaill replied 6 months ago.

3. Please rate the answer as unless you rate the answer your expert will receive no payment for answering your question.

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