Planning permission for replacing fence with brick wall?

[Deleted User]
[Deleted User] Posts: 0 Newbie
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I live in an end of terrace property and the main road is at the front of the house. There is a narrow access lane that goes around the side and back of the houses that re-joins the main road (this is where residents park cars). The lane round the back isn’t privately owned, and it is maintained by the council.
  
Does this little lane class as a highway, and so, will I need to apply for planning permission to replace my fence with a wall?  

If I did need planning permission, would the council have grounds to object even though a) a brick wall was what was originally surrounding my backyard in the first place and b) other properties in the street have this taller brick wall and so it would fit in with other houses in the street.

Thank you. 

Comments

  • Have you asked your local planning department rather than a random forum , who generally can't answer your question because all councils are different?
  • Mickey666
    Mickey666 Posts: 2,834 Forumite
    1,000 Posts Photogenic First Anniversary Name Dropper
    If the lane is council maintained for vehicle traffic then my guess is that it would be classed as a highway so any fence over 1m will probably require planning consent.  From what you've described, I doubt there would be a problem getting permission for a brick wall.
    But Homer_home above is quite right.  The only way to get a definitive answer is to talk to the local council.  Most will have a way of obtaining pre-application advice, probably explained on their website somewhere under planning.
  • It is the common law definition that says ‘A highway is a way over which there exists a public right of passage, that is to say a right for all Her Majesty’s subjects at all seasons of the year freely and at their will to pass and repass without let or hindrance’

    In your situation, you will therefore require Planning for any fence, wall or gate over 1m. Whether Planning will be granted will be determined on its own merits and compliance with Planning policy.
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