Do I need planning permission?

dreamypuma

Our house currently has a 10m long brick built boundary wall at 1.6m high from the finished floor level. The wall faces a public footpath maintained by the Local Authority. This wall has been in situ since 1986.

The wall has damaged footings and visible signs of damage, so we wish to demolish it and reassemble the wall, with the exact same elevation dimensions, and external visual appearance.

This wall is also acts as a retaining wall for our garden, which is slightly elevated in comparison to the footpath on the other side of the wall. As the wall is currently only a single brick thick with intermediate brick strengthening supports, we feel it would be better constructed thicker at 2 two brick thick, 215 / 230mm thick. This is also due to the height.

The additional wall thickness will be gained from our own property, and not encroach any further onto the the footpath.

We've received conflicting advise from the council, and have now requested written confirmation of what is required. We wondered if anyone on the forum had any idea if this work would require planning permission?

keystone

If you are already in conversation with your council the only people who can / will give you a definitive answer are your council planners. Thats all I have to say. Others may offer generalised advice.

Cheers

planning_officer

Generally speaking, replacing a means of enclosure (wall, gate, fence) is 'permitted development', subject to several criteria (permitted development is development that does not require planning permission from your Council). The maximum height allowable as permitted development is 2m, or 1m if adjacent to a highway (that includes pavement, verge etc). Any higher, then the wall needs express planning permission. The only exceptions to this are, (1) if the building which it surrounds is listed, then any means of enclosure requires permission, irrespective of height or whether it replaces an existing enclosure; (2) if the means of enclosure is greater than 2m in height, but it is replacing an equivalent means of enclosure of the same height, then that is also permitted development.

So, on the face of it, your wall seems to be permitted development and would not require planning permission from the Council. However, nothing is ever straight forward (!) and in this case, you mention that part of the wall is a retaining wall. In planning case law, retaining walls have been held to not be a means of enclosure - so they do not benefit from permitted development rights. Your wall seems to be a mixture of retaining wall and then 'normal' wall sticking up above the retaining section. In this case, it really depends on how your Council interpret this - if they take a harsh view and consider that because part of the function of the wall is as a retaining structure, then they may say it needs express planning permission. My opinion is that it probably would be permitted development, as at least part of the wall forms a means of enclosure - but in this case, I would see what they say in writing first, before undertaking any work, as it's not a clear-cut issue!

dreamypuma

planning_officer wrote: »

in this case, I would see what they say in writing first, before undertaking any work, as it's not a clear-cut issue!

Thanks for your thorough response. I am still waiting on a response from the council. I'm getting a bit fed up with waiting for their formal response.

keystone

Indeed but as planning_officer is one then you won't get better advice than he has given.

Cheers

System

spamtastic thread revival?

capeverde

from the govt planning portal;

http://www.planningportal.gov.uk/permission/commonprojects/fenceswallsgates/




Fences, gates and garden walls

Planning Permission

You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:

• it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or
• your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition; or
• your house is a listed building or in the curtilage of a listed building.
• the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.

You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need conservation area consent to take down a fence, wall or gate.
You do not need planning permission for hedges as such, though if a planning condition or a covenant restricts planting (for example, on "open plan" estates, or where a driver's sight line could be blocked) you may need planning permission and/or other consent.

Yorkie1

the_r_sole wrote: »

spamtastic thread revival?

Think you might be right. Total of 2 posts, certain company mentioned 3 or more times. Spam clicked.

tomkinsuk

Hi Planning Officer you wrote 'In planning case law, retaining walls have been held to not be a means of enclosure - so they do not benefit from permitted development rights.'

Can you give me references of the planning case law examples so I can see them.

Many thanks Tom :beer: