Gate across private driveway in cul de sac

eddddy

This isn't an issue for the planning authorities.

As others say, based on your sketch, it's very likely that your neighbours (and their visitors etc) have the right to drive over the section of driveway without any obstruction.

If that's the case, and you put up a gate and refuse to remove it, it could result in a very expensive court case between you and your neighbours.

lookstraightahead

AnotherJoe said:

Id just put some gates in, maybe cheaper ones to start. and tell no one official*. If a neighbour asks, say its to stop the kids running into the road. (though how old are they? If young enough they need gates there should be someone with them, old enough not to need someone they'll be able to open the gates anyway)

* better to ask forgiveness etc. Otherwise you are into a complexity of permissions etc esp if its not clear who can give permission (even if its needed) as people will be reluctant to give it if they arent sure.

That would just wind up the neighbours, surely? 

theoretica

I would suggest talk the the neighbours before doing it.

Putting a gate across - with no lock - can be allowable for a pedestrian right of way, so possibly for a vehicle one too.  But how annoyed would you be if neighbours did that too?

8username8

Just to steer the discussion back to original subject.

No intention to wind up the neighbors here. No intention to do anything illegal either.

I will only put up the gate when (or should I say if) I get a difinitive answer that I have the right to do so. I started the thread with the intention of getting advice on how to approach the subject.  Which documents to consult and which authorities to ask. So far the most valuable advise is to check the deeds, which I am currently doing. Additional question: Is there any organization that for a reasonable fee would assess the situation and provide formal advice?

8username8

Thrugelmir said:

Mark the map with the actual boundary to your property. 

Here you go. In dashed yellow:

8username8

theoretica said:

I would suggest talk the the neighbours before doing it.

Putting a gate across - with no lock - can be allowable for a pedestrian right of way, so possibly for a vehicle one too.  But how annoyed would you be if neighbours did that too?

That's definitely a part of the plan. I will consult with the neighbors. But I don't want to approach them before I figured out the legal side of things. What if neighbors say its OK but it later turns out to be not legal. Say neighbor who said OK moves out and the new one moves in and takes me to court...

So neighbours will be consulted but phase 1 is to understand if what I am planning is actually possible.

JJR45

Usually the end is classed as a turning point.
So personally I do not think it will be allowed on a shared drive.

princeofpounds

This is a very simple situation. You need to find out what rights your two neighbours have over the shared drive/road. You will be able to do this by looking at the title plan and deeds for your three houses, which you can download from the land registry for peanuts. It is quite likely that they have a right of way over the portion of the drive/road necessary to get to their own property. If that is the case, then your gate will not infringe upon their rights and you may be able to erect it. Another possibility is that all three of you (or, at least, your immediate neighbour) have a right of way over the entire shared drive/road. Then you cannot erect your gate. It is very likely these will be shaded areas on the plan that will make it very obvious, but sometimes it is just defined in the text.

From a planning perspective, most fences and gates will be permitted development if under a particular height (normally 2m). If you are in a conservation area or your local authority has other rules, then you will need to abide by those. It should be on their website somewhere. If it proves hard to find, you should just ring the council planning office who should be able to direct you. If it is PD, then planning is not a factor for you.

The other thing you have to bear in mind are covenants. Your house looks like it was an estate house, and estates often have covenants restricting things like fences and gates, to preserve the look of the estate whilst it is being sold. The beneficiary of the covenant will typically be the original developer or a management organisation that looks after communal spaces, if it exists. They may care, they may not. Generally if the developer is off-site they will no longer care about it. 

8username8

princeofpounds said:

This is a very simple situation. You need to find out what rights your two neighbours have over the shared drive/road. You will be able to do this by looking at the title plan and deeds for your three houses, which you can download from the land registry for peanuts. It is quite likely that they have a right of way over the portion of the drive/road necessary to get to their own property. If that is the case, then your gate will not infringe upon their rights and you may be able to erect it. Another possibility is that all three of you (or, at least, your immediate neighbour) have a right of way over the entire shared drive/road. Then you cannot erect your gate. It is very likely these will be shaded areas on the plan that will make it very obvious, but sometimes it is just defined in the text.

From a planning perspective, most fences and gates will be permitted development if under a particular height (normally 2m). If you are in a conservation area or your local authority has other rules, then you will need to abide by those. It should be on their website somewhere. If it proves hard to find, you should just ring the council planning office who should be able to direct you. If it is PD, then planning is not a factor for you.

The other thing you have to bear in mind are covenants. Your house looks like it was an estate house, and estates often have covenants restricting things like fences and gates, to preserve the look of the estate whilst it is being sold. The beneficiary of the covenant will typically be the original developer or a management organisation that looks after communal spaces, if it exists. They may care, they may not. Generally if the developer is off-site they will no longer care about it. 

That's exactly the sort of explanation I was hoping for! Thanks so much for taking time to explain in detail. Going to order copies of deeds from the land registry.

Redwino222

I would also check who has a right away over the shared lane.  The developer may also have access - is there possibility of further development past your house?