Please help. Planning reply

macman

But a wall might be subject to property or zone-related covenants and restrictions, as was pointed out in post 2.

musicmaker29

macman wrote: »

But a wall might be subject to property or zone-related covenants and restrictions, as was pointed out in post 2.

exactly right - but these wouldn't be any of the COuncil's business unless there were planning conditions on th estate/houseor the state/house is council owned.

When I worked for a council near me we looked into enforcing a 'no walls or enclosures' condition on a planning approval for a new estate (it wasa few years old by this point). The outcome was that the fencing didn't cause harm so couldn't be enforced against (which I was happy about as I hated wasting my time with such rubbish). Not saying your council would be so flippant tho..........

jimmy230

I am fairly sure that the maximum permitted height of a wall or fence that fronts the highway is 1m (and 2m for all other walls fences). Permitted development means that the Council is deemed to give planning permission for that development - they cannot force you to use particular materials etc. if the wall is permitted development.

As others have said, however, you will need to be sure of the planning history of your house - is there a planning condition limiting your permitted development right to build a wall? Is there an Article 4 Direction in force which removes this permitted development right? Is your property listed? I would recommend taking a look at https://www.planningportal.gov.uk - there is a section on that site which deals with 'do I need planning permission?' with interactive guides etc.

iamcornholio

A new fence, wall or gate must not exceed 1 metre in height if it is next to a highway used by vehicles, otherwise it needs planning permission. The 2m fence height relates to elsewhere not adjacent to a highway. The height is measure from the highest part of the adjacent ground

With regards to covenants and easements, these can only be enforced by the person or body benefiting from them - normally the original developer, or sometimes the local council if specifically mentioned in the deeds or passed the benefit from the developer. The developer may put these covenants on an estate to maintain the appearance to help them sell. After a period of time the developer has moved away and the covenant grants no benefit to them so may be unenforceable

planning_officer

Yep, this Council employee is wrong. As others have said above, to be permitted development the maximum height of wall, fence etc adjacent to a highway is 1 metre, not 2 metres. Any enclosure above these heights requires planning permission, plus any enclosure around the curtilage of a listed building (irrespective of height) requires planning permission. If there are no other walls around (as you say), then a tall wall will clearly appear out of character and wouldn't be granted planning permission. So either keep it to 1 metre in height or plant a hedge.

jimmy230 wrote: »

Permitted development means that the Council is deemed to give planning permission for that development

Permitted development actually means it is already granted a blanket planning permission under the terms of the GPDO, so you don't need to apply for planning permission at all.