Planning Permission Needed?

Charlie1985

Thanks all for the replies much appreciated. Quick question why are we limited to building the wall to 1m height only? Is it because it’s now closer to the road despite the wall still being built on our land?

Doozergirl

Charlie1985 said:

Thanks all for the replies much appreciated. Quick question why are we limited to building the wall to 1m height only? Is it because it’s now closer to the road despite the wall still being built on our land?

Any wall fronting a highway.  

Charlie1985

Thanks Doozegirl. When you say fronting a highway how far back does the wall need to be from the footpath before it can be higher than 1m?

Section62

Charlie1985 said:

Thanks Doozegirl. When you say fronting a highway how far back does the wall need to be from the footpath before it can be higher than 1m?

There isn't a defined figure.  The legislation uses the word 'adjacent', but case law has seen examples where 'adjacent' has been several metres away.  It all depends on the circumstances of the case.

In your case the wall has clearly been put where it is as part of a development, and for whatever reason the designers/planners decided the boundary between your rear garden and the streetscene should be where it is.

If the planners would now say that building a wall in front of the line of the existing would make it 'adjacent' to the highway then you'd need to get planning consent if it is over 1m.  If the case landed on my desk I'd be happy to make the argument that anything in front of that wall is 'adjacent' to the highway, but you would also get other opinions.

Also, as mentioned before, usually there could be an article 4 direction or planning conditions which prevent alterations to the landscaping and/or remove permitted development rights.

silvercar

Could you initially move that hedge to just your side of the black railing? That would allow you to use that area of grass as part of your garden. They may then be less objection to you building a wall as you would have established a screen and the development would be less new build.

jacko220

Would suggest that you visit planning and building control, they are separate. The reason why you do not have a window is because the pattern book design of the house indicates that the wall would be a party wall. Some things like permitted development indicate how high you can build boundary walls, even the Chief Judge of Britian fell foul of permitted development, it is a minefield, hope the house is not timber framed.

Apodemus

jacko220 said:

...the Chief Judge of Britain...

  Who?    I highly doubt if such a beast exists!