Adding Gate to Shared Access Passage - Do I need Planning Permission?

mrobsessed

Hi All,

I own a house adjacent to a short alleyway that my back garden also opens out upon. This alley is about 30 feet long and leads onto the road my house is on and it is not my property as it is shared between a number of properties that need it to gain access.

Because of a number of pubs and a club nearby, people sometimes use the alley as a toilet or for other anti-social activities late at night and myself and my neighbours would like to stop this happening. I have suggested blocking the alley at one end with a fence and a locked gate, with all the people needing access being given keys so they can enter their properties as normal whilst blocking 'undesirables' from access. The entire length of one side of the alley is my house and garden while the other is shared between a rented flat and two houses.

The fence would be about 6-7 feet high, constructed in wood and as the width of the alley is about 10 feet, it would consist of about 7 feet of fence and 3 feet of gate. Wooden beams would need to be attatched to my house on one side and a neighboring property's wall on the other by drilling and using anchor bolts/screws.

Do I need planning permission to put the fence up? I assume I'd need the permission of the property on the other side from myself before I could attach the fence post or gate to the wall on that side but would like some clarification on the law on this one as I'm unsure what the exact position is about the legality of the structure and blocking access to a shared entryway without some sort of written agreement from the property owners affected.

Any help would be appreciated.

evoke

Almost certainly yes.

Who actually owns it? Is it the council? Is it open to the public?

DannyboyMidlands

I can't see this ever happening. Who would be responsible for the construction and maintenance of this gate? Who owns the land you are blocking in? Who has right of way over it? Why would they agree to this proposal?

People have p*ssed (and worse/better) in alleyways since the dawn of time. It's human nature.

mrobsessed

I do not think any one property owns it as it is needed by 4-5 properties to access their back gates and some of the properties are flats with their only point of entry being the alley.

It doesn't go anywhere and ends after 30 feet at the garden gate of myself and one of my neighbours. It directly leads to the road my house is on and is cobbled - I'm told it is a very old road that has been in existence for a long, long time - ie Victorian times or longer, so I assume it belongs to the council.

Thanks for your help.

mrobsessed

DannyboyMidlands wrote: »

I can't see this ever happening. Who would be responsible for the construction and maintenance of this gate? Who owns the land you are blocking in? Who has right of way over it? Why would they agree to this proposal?

I would construct it with my own money and cash raised from my neighbours and I would maintain it. My neighbours woulg agree becuase people use the alley as a toilet or for their dogs to foul and it is very unpleasant for people who have to walk through it to gain access to their homes.

DannyboyMidlands wrote: »

People have p*ssed (and worse/better) in alleyways since the dawn of time. It's human nature.

It's also something civillised people would seek to avoid or prevent if possible

DannyboyMidlands

And what about when you move house? Will your buyer then be legally obliged to maintain a gate that loads of people have use of? If I was a buyer that sound like a lot of grief.

mrobsessed

DannyboyMidlands wrote: »

And what about when you move house? Will your buyer then be legally obliged to maintain a gate that loads of people have use of? If I was a buyer that sound like a lot of grief.

Some buyers might prefer the alley to be blocked off rather than the area directly adjacent to their house being accessible to all - I know I would.

Fences hardly need a lot of maintenance to be fair - I've just overhauled mine and they've been up over 30 years.

sparklysaver

Our council has an alleygating scheme to reduce anti-social behaviour & burglary, as do many others round the country. The alley to the rear of our properties is now gated off; just needed consent from all affected residents. You should check with them first.

chris_m

mrobsessed wrote: »

The fence would be about 6-7 feet high, constructed in wood and as the width of the alley is about 10 feet, it would consist of about 7 feet of fence and 3 feet of gate.

Dunno about the legality of putting a fence/gate in in the first place - but, assuming that you do it, I would suggest a wider gate than three feet so that you've all got room to get anything larger through.
In fact, I'd suggest two gates - a seven-foot one which is normally bolted in place from the back and a three-foot one that is secured with whatever lock you use. General access can use the smaller gate but the larger one could be opened to allow larger stuff through when/if required.

mrobsessed

sparklysaver wrote: »

Our council has an alleygating scheme to reduce anti-social behaviour & burglary, as do many others round the country. The alley to the rear of our properties is now gated off; just needed consent from all affected residents. You should check with them first.

That's been suggested, but the problem is that the alley gates are extremely unattractive, resembling prison walls. I wouldn't really want something looking like that next to my house!

mrobsessed

chris_m wrote: »

Dunno about the legality of putting a fence/gate in in the first place - but, assuming that you do it, I would suggest a wider gate than three feet so that you've all got room to get anything larger through.
In fact, I'd suggest two gates - a seven-foot one which is normally bolted in place from the back and a three-foot one that is secured with whatever lock you use. General access can use the smaller gate but the larger one could be opened to allow larger stuff through when/if required.

That's a very valid point and certainly a good idea.