• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

planning permission adjacent to a private road

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • planning permission adjacent to a private road

    We have a question regarding planning permission on a private road and an issue with what is the "front" garden"

    There are 3 parts:

    1. our local planning authority has turned down one of three elevations of a proposed permitted development on our existing house because the elevation in question has proximity (4m) to a "highway". The location is deeply rural and said highway is locally accepted to be "private": it is a single track road that is not maintained by the local authority - it has access to c. 6 houses and is a 600m stretch between 2 metal/ surfaced roads that are maintained. We contend that our proposed permitted development will have no impact and will receive no objection to the 2/3 neighbours in question.

    2. the council also contends that the elevation in question "fronts" the said highway. However, the front door leads on to an obvious front garden with access to a road with a 90 degree angle to this "highway" and there is no access to the house from the elevation that is disputed. Note also that planning permission was granted (in a separate previous application) for a home office (a standalone structure) between the proposed elevation of permitted development application and said private road,

    3. In addition and pertinently, a subsequent planning permission for the same home office was applied for - and granted - for relocation to the front garden. Therefore, the planning authority has accepted in precedence that the front elevation is NOT the one in question for the proposed permitted development.
    Tags: None

  • #2


    A private road can still be a public highway, and it makes no difference if the property is isolated or has supportive neighbours.

    The principal elevation is the usual term for indicating the front of a building, and even a side elevation can front the highway.

    Permitted development for extentions are(in England) covered by class A.1(e), Part 1 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (SI 2015/596) (GPDO 2015) which states:

    "The enlargement, improvement or other alteration of a dwellinghouse
    .....................................
    Development is not permitted by Class A if:
    ................................
    (e) the enlarged part of the dwellinghouse would extend beyond a wall which— (i) forms the principal elevation of the original dwellinghouse; or (ii) fronts a highway and forms a side elevation of the original dwellinghouse;"

    Comment


    • #3
      Thank you for your reply which was very clear and helpful.

      Comment

      View our Terms and Conditions

      LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

      If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


      If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
      Working...
      X