Fence Lawful Development Certificate

[newmoon]

Dear All

I am new to this forum so not sure whether i am posting in the right place

I applied for the lawful certificate to increase the fence height of my side/front garden. It was refused stating that part of the proposal is fronting highway.

Actually the part they are referring is not fronting highway but my neighbors car park. I have told them this point but they say that they will still consider that land as continuation of highway (car park) as its used by cars and there is no separation between the footpath and car park.

Need advice on how i can take this forward. i.e to appeal or not to appeal. I wont get this approved through full planning application as it may be considered as non similar to locality.

Thanks
Newmoon

[Amethyst]

This .... ?



Its an odd layout isn't it ... and I can see why you'd like to make the changes, strange how they've raised the highway issue and not proximity to those houses - I'll tag des8 for you as he has a far better handle on planning issues than I. Otherwise this forum is dedicated more to these issues ( thinking if you did get through the planning office you might then have neighbour issues ) https://www.gardenlaw.co.uk/phpBB2/viewforum.php?f=6

[newmoon]

Amethyst,

Exactly right spot. I completely agree with you on the layout. I still wonder why they made such design.

thanks for tagging des8.

[des8]

"there is no separation between the footpath and car park."

Well I can see the boundary mark, and the wall is well set back from the road.
The wall does not inhibit a drivers view of the road.

IMO planning are being pedantic.
I'll do a search tomorrow to see if I can find any similar cases.

Depending on what we can turn up, it might be worth contacting your local councillor and enlisting his help.

Just thought of another problem you may have is that the 2metre permitted height only applies up to the front and side
elevations of the property. You want to erect the fence way beyond the line of your front elevation. This ia a problem when developers try to do pretty and interesting.

Perhaps a solution may be tall plants, in pots or directly in the ground.

[newmoon]

Thanks for your comments DES8

I actually applied again to get the certificate for the side fence excluding this front wall and got the certificate.

I thought of going through full planning application for the remaining but I doubt they will approve given the odd front layout so would like to get it done through permitted development. (Via appeal)

Just looking for any precedent on similar issue.

thanks
Newmoon

[des8]

GPDO permits structures upto 2m in height but not adjacent to the highway. (what "adjacent to" seems to be a bit elastic but over 2 metres should be all right))
Nowhere is a highway defined but it is usually taken to mean a road or footpath over which the public has a right to pass and repass.

Now your neighbours car park is not land over which the public have a right to pass (and looking at it I doubt the public have reason or desire to pass over it!)
Your proposed wall is far enough away from the highway to be classed as not adjacent.

This site (https://www.planningresource.co.uk) has many planning inspectorate decisions regarding GDPOs and a quick trawl through should bring up decisions supporting & demolishing different parts of your case. It really is a nightmare
Te position is well explained here: https://planningjungle.com/wp-conten...ion-Notice.pdf

Good luck (perhaps a trellis with ivy covering)

[Amethyst]

Thanks Des xx

Could you actually plant some hedging / conifers along the inside of the boundary wall - without running into planning issues?

[des8]

Yep! (unless there are some specific restrictions at the particular location regarding perhaps open planning)

[newmoon]

Thanks Des8 and Amethyst, will go through the planning resource website

I will try for trellis with ivy covering as I just did hard landscaping and now don’t want to remove it for the planting.

[charitynjw]

Thanks Des8 and Amethyst, will go through the planning resource website

I will try for trellis with ivy covering as I just did hard landscaping and now don’t want to remove it for the planting.

I remember a case a while ago where there was a similar situation.

It was decided that the 'pavement' ran from the kerb to the boudary wall (or fence) of the adjacent property.....pretty much regardless of how far that distance actually is.

I would suggest that you pop over to PePiPoo (Fight-back forum).....they are very knowledgeable about these niche matters.

http://forums.pepipoo.com/index.php?act=SF&s=&f=30

Tell them LB recommended them to you.

& please let us know how you got on with this.