What line should my new fence take?

rubble2

We live on a corner plot and in order to discourage people (kids) from cutting the corner across our front garden we planted a hedge (not very successfully).

We are now looking at erecting a low (approx 1mtr high) fence, probably a picket fence similar to those installed by some of the neighbours. I have included a picture of the side return of our house and would be interested in opinions as to exactly where the fence should be placed.

We would like it to be just on 'our side' of the grass where it borders with the pavement( so to the left of the hedge) , it would therefore need a small return in order to join with the existing wall, but wondered if in fact the official boundary of our property is the line that the wall takes. It is impossible to tell from the documentation we received when we bought the house as it is not large enough scale to differentiate in that sort of detail.

I am assuming that the edge of the grass, continuing on to the area covered in slate is our land but would appreciate any opinions of if we are correct in that assumption.

Thanks

Section62

rubble2 said:

We would like it to be just on 'our side' of the grass where it borders with the pavement( so to the left of the hedge) , it would therefore need a small return in order to join with the existing wall, but wondered if in fact the official boundary of our property is the line that the wall takes. It is impossible to tell from the documentation we received when we bought the house as it is not large enough scale to differentiate in that sort of detail.

I am assuming that the edge of the grass, continuing on to the area covered in slate is our land but would appreciate any opinions of if we are correct in that assumption.

As a new build development it is possible/likely your land ownership doesn't match the area you'd be allowed to enclose with a boundary feature such as a fence.

You'll need to check the planning consent and any covenants for the property to find out which land is 'yours', and which (if any) you own, but have to leave unfenced.

This applies particularly to corner plots where sight lines and visibility are important.

If I were to guess, I think the most likely scenario is you 'own' up to the concrete edging at the back of the footway, but have to keep the slate, grassed, and planted areas as they are for utilities and/or sight lines and/or 'amenity'.

You also need to check whether full permitted development rights exist for the property - if not you'd need to apply for planning consent for the fence, even if it is less than 1m.

rubble2

Section62 said:

rubble2 said:

We would like it to be just on 'our side' of the grass where it borders with the pavement( so to the left of the hedge) , it would therefore need a small return in order to join with the existing wall, but wondered if in fact the official boundary of our property is the line that the wall takes. It is impossible to tell from the documentation we received when we bought the house as it is not large enough scale to differentiate in that sort of detail.

I am assuming that the edge of the grass, continuing on to the area covered in slate is our land but would appreciate any opinions of if we are correct in that assumption.

As a new build development it is possible/likely your land ownership doesn't match the area you'd be allowed to enclose with a boundary feature such as a fence.

You'll need to check the planning consent and any covenants for the property to find out which land is 'yours', and which (if any) you own, but have to leave unfenced.

This applies particularly to corner plots where sight lines and visibility are important.

If I were to guess, I think the most likely scenario is you 'own' up to the concrete edging at the back of the footway, but have to keep the slate, grassed, and planted areas as they are for utilities and/or sight lines and/or 'amenity'.

You also need to check whether full permitted development rights exist for the property - if not you'd need to apply for planning consent for the fence, even if it is less than 1m.

Thanks,

It is not a 'new build' as such, it was completed about 20 years ago but we only purchased the house three years ago.
We actually put down the slate as previous to that it was just totally neglected and covered in weeds, so nobody prior to our ownership had maintained it.

Looking at other houses on the development, it seems to be pretty much 'Carte Blanche' as to what happens, e.g. the house you can see in the background of the picture has shrubbery and planting completely covering the footpath with no repercussions.

Section62

rubble2 said:

It is not a 'new build' as such, it was completed about 20 years ago...

'New build' as in an estate developed to a plan, rather than properties that have grown organically under different ownerships over an extended period of time.

Virtually all estates built after about 1990 will have similar features with blurred lines between 'public' and 'private'.  Prior to that it was the norm for the local authority to adopt everything which was to be 'public'.

rubble2 said:

Looking at other houses on the development, it seems to be pretty much 'Carte Blanche' as to what happens, e.g. the house you can see in the background of the picture has shrubbery and planting completely covering the footpath with no repercussions.

....Yet.

Either the planning or highway authorities can take enforcement action at any time.  Whether they do or don't depends largely on whether anyone complains.

I wouldn't spend money on a fence which I might be told to take down again soon after putting it up.  At least not without knowing what the restrictions were first.

chrisw

If it was me, I'd put a knee rail fence along the outside of the hedge which wouldn't affect sight lines and wouldn't cause any obstruction to the footpath. 

The council usually act on complaints, unless you've specifically upset any neighbours, I can't see anyone complain about that, particularly if it's a quietish estate road. It probably wouldn't even get noticed by highway workers if it was done properly.

But you'd have to be prepared to remove it if anyone did ever complain, however unlikely.