I built my house 10 years ago. There is a right of way along one side of the property and the driveway to the house was located, on the plans as accepted by the authorities, about 30 metres along said right of way. However, I didn’t put the original access to the house as on the plans, but rather directly onto the public road on another side of the property. Now, with a view to selling, have had to establish a driveway as on the plans in 1996 with a view to getting retention. A neighbour has lodged an objection to the new driveway on the grounds the right of way will not support both farm machinery traffic AND “traffic” from my house. Two tractor journeys a day, at most, are made along it. Does the objection have validity?
In short the valid permission has lapsed so you have acted outside the regulations and effected an unauthorised development. However you do have a strong precedent in the form of the 1996 permission and pleading ignorance of the withering nature of a planning permission may have some justification. All objections are valid unless found to be frivious and or vexatous but without seeing the site and knowing what changes have been made to the development plan I couldn’t comment. The planner on the file will however be on top of both.