'My neighbour is ruining my life by building TWO houses in his garden'
Nicholas Isaac KC, for Mr Stoneham, told Judge Paul Matthews that a right of way over the drive to the barns was granted "for all time and for all purposes" to Mr Stoneham's father and uncle in 1972 and that he now seeks to use that right to complete the build and provide access to the houses.
"The claimant’s evidence is that the significant increase in traffic movements resulting from the proposed two new substantial dwellings, an estimated increase of some 75 vehicle movements per week, and from the construction traffic during their development, an estimated 100 to 150 vehicle movements per week, would have a profoundly negative impact on the living conditions at her home," said her barrister.
He said the drive runs past her home, through her courtyard and provides her access to a right of way she enjoys over the barn coversion site to fields. Mr Clegg said the barns and farmyard were "redundant and almost unused" when Mrs Bucknell bought the house and that even in 1972 when the right of way was granted hardly any heavy traffic passed over it.
"Preventing the development’s use of the driveway is what she wants and hopes to achieve by these proceedings, preserving her 'forever home' for herself and her family," he told the judge."This case concerns a right of way expressly granted at all times and for all purposes in a conveyance to Colin and Ivor Stoneham, dated 29 September 1972," he told the judge.
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