Driveway/Planning Permission Advice

teneighty

What's all this stuff about "regulations"

Nothing the OP has posted has got anything to do with Planning so what the hell is the Planning Enforcement Officer going to do?

At best they may be Highways requirements so until you receive a written notification it is probably just a self important petty council official with delusions of power, as usual.

Tilly5

Quite possibly so. I have still not received a formal enforcement notice.

I have engaged the assistance of my local MP and have been informed I will be contacted by the Head of Planning by Friday.

Unfortunately for me and my buyer until we get something confirmed that no further action will be taken or enforced it is classed a dispute and will result in the collapse of the sale or a reduction in price.

My solicitor is recommending entering discussions to change the deeds to reflect that they were and should still be shared but considering my neighbours didn't even ask about installing the fence and clearly wants a defined boundary I don't think it is something they would engage with.

phil24_7

You have received 'advice' which you can chose to follow or ignore. They can not make you meet current regulations regarding your drive, your drive only needs to meet the regulations that were around when it was built (or when it was updated, if they can prove when this was).

It may be that someone has pulled a fast one on you, did you check the officers credentials with the council? Have you confirmed with the council that you have had a visit?

unforeseen

As the old drive has been ripped up and redone with gravel it may be considered new and therefore fall under current regulations.

People have come unstuck in a similar way when replacing 2M fences adjacent to roads where they have been informed that they can only put up a 1m fence without pp as it is classed as a new build.

Doozergirl

unforeseen wrote: »

As the old drive has been ripped up and redone with gravel it may be considered new and therefore fall under current regulations.

People have come unstuck in a similar way when replacing 2M fences adjacent to roads where they have been informed that they can only put up a 1m fence without pp as it is classed as a new build.

The height of a fence has nothing to do with driveways.

There is a rule of sorts that relies on new things not being worse than they were. If you have something which complied with previous legislation, you can make repairs etc and can improve a situation, but not make it worse. I do wonder if the planning officer is taking things too far and treating this like a brand new driveway without realising that one already existed?

A gravel drive is better than a concrete one for current legislation to prevent flooding, but it may be that more bricks need laying to bring the gravel away from the road.

I'm still confused how putting in a new barrier like a concrete post aids access to a driveway?

It might be that some of the newer elements need to revert to comply, but if you were able to access the drive before for a period of 4 years, they can't refuse you access now just because the surface has changed. You may need a small amount of help from a planning consultant.

Pictures would really help.

unforeseen

Doozergirl wrote: »

The height of a fence has nothing to do with driveways

I didn't say it had, but it was used as an example of where planners have decided that something is new and comes under current regulations rather than maintenance/repair that will fall under the original regulations.

onlyroz

Can't visualise this at all. Is there any chance of some pictures?

Doozergirl

unforeseen wrote: »

I didn't say it had, but it was used as an example of where planners have decided that something is new and comes under current regulations rather than maintenance/repair that will fall under the original regulations.

It's long standing that fencing near the highways should be low. It is an immediate breach if there was a 1m fence but then a 2m one goes up = problem.

The OP's issue sounds much more like there being an existing 2m fence which is replaced by another 2m fence. Planning officer sees new 2m fence and tries to enforce when it's a simple like for like replacement and cannot be enforced.

If the OP had a drive, they can keep one. If the replacement of concrete with gravel brings in a requirement for the gravel to be further away, then it could be replaced with concrete or brick again to the relevant point.

I still want pictures.

unforeseen

Doozergirl wrote: »

The OP's issue sounds much more like there being an existing 2m fence which is replaced by another 2m fence. Planning officer sees new 2m fence and tries to enforce when it's a simple like for like replacement and cannot be enforced. .

http://www.telegraph.co.uk/news/newstopics/howaboutthat/3184788/Homeowner-told-to-take-down-fence-he-repaired-due-to-planning-laws.html

http://www.planningresource.co.uk/article/1209017/general-permitted-development-order-part---2-q---dcp-section-434

More qualified people than you disagree with your interpretation.