Access Licence

Frequently Asked Questions for this Service

Question: What is an Access Licence?

Answer: This is a legal document issued to a property owner (Licensee) from the Isle of Wight Council (Licensor) allowing direct access from their property onto an Isle of Wight Council car park including any adjoining hard or soft verges for the purpose of access and egress from the Licensee’s property, but not for any other purpose. The Access has been identified from an all Island audit and relates to both vehicular and/or pedestrian accesses from residential or commercial properties. The Licence is personal to the owner and is not transferable.

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Question: Does home/business owner need to pay for the Access Licence?

Answer: Yes, the Access Licence does incur a fee, which has been set by an Independent Surveyor and will be payable annually in advance. The annual fee will cover period 1st April to 31st March. If a Licence is issued midway through this period, a fee will be charged pro-rata for the remainder of that financial year and then the full annual fee payable from the 1st April for the following financial year.

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Question: How much will the Access Licence cost me?

Answer: Please e-mail parking.operations@iow.gov.uk as Access Licence fees can vary.

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Question: Are there any conditions to being granted an Access Licence?

Answer: The home/business owner must ensure that the access way is maintained to an acceptable standard and free from obstruction to ensure it is Health and Safety compliant for permission to be granted. An initial inspection of the access will be undertaken and if not suitable to use, the Council may not authorise its use. If an Access Licence is granted, the Isle of Wight Council may undertake periodic checks on the access and reserves the right to revoke the licence if not adequately maintained.

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Question: How long does the Access Licence last?

Answer: It will run for a maximum of 3 years from the date of issue and will then be subject to a rent review.

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Question: What if I sell my home/business?

Answer: The Licence is personal to the owner and is not transferable, therefore, will terminate on completion of sale. The owner (Licensee) must within one month following the sale, give written notice to the Council to terminate the Licence and provide details of the new owner. A refund will be given for every full, calendar month paid in advance providing written notice has been given. Part months will not be refunded.

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Question: What if I don’t want to use the Access?

Answer: If an access is in place and the home/business owner confirms that they do not want to use the access nor enter into an Access Licence Agreement, then they will be asked to close up the access. If, after a reasonable timeframe, this isn’t done, then the Isle of Wight Council will be forced to block off the access as its use could pose a risk to the user/s of access, other car park users and/or their property.

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Question: Are the Isle of Wight Council responsible for maintaining the access?

Answer: No, the Isle of Wight Council is under no obligation to repair or maintain the Property. The home/business owner must ensure that the access way is maintained to an acceptable standard and free from obstruction to ensure it is Health and Safety compliant. The Isle of Wight Council may undertake periodic checks on the access and reserves the right to revoke the licence if not adequately maintained.

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Question: How do I pay?

Answer: The Access Licence fee can be paid by debit/credit card over the internet at www.iwight.com/online, selecting “pay online” or by online banking. For online banking; you will need the Council’s details:-
Bank:- Lloyds Bank, Sort Code:- 30-80-12, Account Number:- 14867260, Account Name:- Isle of Wight Council Receipts Account and quote your Invoice number. If making a payment from abroad, you will need the following:- IBAN - GB65LOYD30801214867260, BIC - LOYDGB21F09. Payment can be made by Direct Debit (Direct Debit Mandate can be sent on request). Payment can also be made by post (cheques payable to Isle of Wight Council). Please write your Invoice number and the address of access on the reverse of the cheque. Postal payments should be sent recorded delivery to the Parking Access and Administration Officer, Isle of Wight Council, Parking Operations Department, Floor 2, County Hall, Newport, Isle of Wight, PO30 1UD.


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Question: What if I don’t keep up with payments?

Answer: The Licence will be terminated if the Licence Fee remains overdue for any period equal to or longer than 14 days (whether or not formally demanded) and no further use of the access must be made. If the Licensee fails to close the access, then the Isle of Wight Council will be forced to block off the access as its use could pose a risk to the user/s of access, other car park users and/or their property.

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Question: If I pay for an Access Licence, can I have the car park cross-hatched outside the access to prevent vehicles/persons blocking it?

Answer: The Isle of Wight Council will consider each request but is under no obligation to authorise. If the request is approved, all related costs will be charged to the home/business owner.

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Question: What is a prescriptive right?

Answer: A right acquired by Prescription is the acquisition of a right through long use or enjoyment. If the estate owner can show that they have enjoyed such a right of way without interruption for a full period of at least 20 years, they may establish a right of way by prescription.

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Question: How can I prove a prescriptive right?

Answer: If an estate owner believes they have acquired a right by prescription, they must produce evidence, in a statement of truth or statutory declaration, of continuous use as a right for a period of at least 20 years. The statement of truth or statutory declaration must set out in detail the use and enjoyment relied upon to substantiate the claim. For information on how to complete a statement of truth, please go to www.gov.uk/land-registry and search ST4 - Prescriptive easements – statement of truth. Supporting documentation evidencing the claim such as photographs will need to be provided.

In some cases, two or more statements of truth or statutory declarations may be necessary, for example, by successive estate owners where evidence of use during their respective periods of ownership is required to make up the required period of 20 years or more.


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Question: What is Form ST4?

Answer: Form ST4 is a statement of truth designed to provide a framework for the information that must be included within an application to the Land Registry concerning a prescriptive easement. Its use to prove a right acquired by prescription to either the Council or the Land Registry is not obligatory, and using it will not guarantee the success of the application it accompanies, but it will help the applicant ensure that nothing has been overlooked.

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Question: Will I be charged for an Access Licence if I have a prescriptive right?

Answer: No, as long as a statement of truth or statutory declaration has been completed with supporting documentation evidencing the claim of continued use/enjoyment of the right of way without interruption for a full period of at least 20 years.

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Question: Do I need to register a prescriptive right at the Land Registry?

Answer: There is no requirement to register an easement or right acquired by prescription. The benefit of such a right will pass on a transfer of the registered estate. However, it is possible for the right to cease to have effect and the possibility of the right being lost in this way should not be ignored. The entry of a notice in the register will ensure that the easement does not cease to have effect on registration of a future transfer.

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Question: What are the contact details?

Answer: By post, mark for the attention of the Parking Access and Administration Officer, The Isle of Wight Council, Parking Operations, Floor 2, County Hall, Newport, Isle of Wight, PO30 1UD. Via e-mail, contact parking.operations@iow.gov.uk By phone, contact the Contact Centre on (01983) 823714.

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