New development, existing boundary wall - what happens?

regency_man

The bottom of our (small) garden is a 4ft high 150 year old dry-stone wall, up until now we've not had to worry about it because the land behind was 'unused' (scrub) but we know the wall is ours as it's on the original deeds from the 1800s.  Recently a developer bought the land on the other side of the wall and has built a small house, in doing this they have removed all of the scrub and left the rear of the house very exposed. The land on the 'other' side of the wall is about 1.5ft higher than on our side so they have elevated views into our garden.

We have succesfully got an enforcement from planning (landscape plans) to ensure they replant trees along the boundary as their originally approved plans indicated the scrub (which was removed) would form the screening.  We further requested the developer put up some sort of screening fence in addition to the trees (at least until they mature) to maintain the privacy of both of our gardens, however they have flat-out refused and it appears planning have accepted their base proposal of planting 5 trees along the 12 meter span. The developer has suggested if we are concerned about privacy we should build the fence on our side.

I know we are able to simply build the screening fence on our side of the wall but we are loathed to do this as the wall forms part of the character of the property (all built of the same stone at the same time). To obscure this with fence posts and fencing feels like cultural vandalism.

Ultimately I think the new owners of the property once they are in will want to erect some screening there anyway, as we can see directly into their living room when stood at the bottom of the garden, so it might be a case of playing a waiting game.

A few questions on options...

1. In terms of the wall, I presume there is no change of ownership as a result of this development, its still 'ours' and we can do what we want with it?  Or is it now what they call a 'party wall'? If so should we be looking at some sort of legal document governing this?

2. Assuming it's our wall, rather than putting fencing infront of it, can we build screening fencing 'on top' of it?  I think it will be hard due to the construction of the wall, but it's a better option from our perspective as it doesn't remove the character of the wall from the garden.

3. If we chose to build the wall 2ft higher instead of fencing it, would that require planning?  Is there a max height you can build walls/fences?

Thanks!

AlexMac

I dunno if a wall within your red-line can be called a "party wall" but as far as I (and Google know) a fence or wall 2m above ground level is permitted without Planning approval unless the it fronts a highway used by motor vehicles, in which case it's 1m.
 
So as arguably, the "ground level" you'd be building from would be the other garden's (?) it would seem that you could get away with quite a lot.  In fact assuming the wall top is yours, you'd be building on "your" property.  So 2 foot would be no probelem?

However, if you wanted to be 4r5ey, as as they've not really been helpful, you could maybe build a cheap and nasty breeze-block topping to your wall, preferably badly pointed, and face your side with the rock equivalent of biscuit brick to replicate the butress below? This would look awful from their side compared with a timber fence, so of course, as good neighbours you wouldn't want them to see an eysore rather than a fence (or you sunbathing in the alltogether)?

Others will have ideas and will hopefully be better informed, but let us know how it's eventually resolved? Good luck

FreeBear

AlexMac said: However, if you wanted to be 4r5ey, as as they've not really been helpful, you could maybe build a cheap and nasty breeze-block topping to your wall, preferably badly pointed, and face your side with the rock equivalent of biscuit brick to replicate the butress below? This would look awful from their side compared with a timber fence, so of course, as good neighbours you wouldn't want them to see an eysore rather than a fence (or you sunbathing in the alltogether)?

Slapping a course or three of breeze blocks on top of a dry stone wall is a really bad idea. One decent gust of wind, and the blockwork will part company with the dry stone wall. It will cause damage, and may even injure someone.

Building a dry stone wall higher might be possible if you can find someone with the skills to do it. Although, that will depend on how much higher you want to go as well as the thickness of the existing wall.

As with slapping breeze blocks on top, trying to fix a wooden fence to the top is also doomed to failure.

regency_man

FreeBear said:

AlexMac said: However, if you wanted to be 4r5ey, as as they've not really been helpful, you could maybe build a cheap and nasty breeze-block topping to your wall, preferably badly pointed, and face your side with the rock equivalent of biscuit brick to replicate the butress below? This would look awful from their side compared with a timber fence, so of course, as good neighbours you wouldn't want them to see an eysore rather than a fence (or you sunbathing in the alltogether)?

Slapping a course or three of breeze blocks on top of a dry stone wall is a really bad idea. One decent gust of wind, and the blockwork will part company with the dry stone wall. It will cause damage, and may even injure someone.

Building a dry stone wall higher might be possible if you can find someone with the skills to do it. Although, that will depend on how much higher you want to go as well as the thickness of the existing wall.

As with slapping breeze blocks on top, trying to fix a wooden fence to the top is also doomed to failure.

Yes, not seriously considering this, however thinking about getting some wrought iron braces bolted through the wall and using these to attached something like hazel-weave panels (which allow wind through) on top.

MeteredOut

"Ultimately I think the new owners of the property once they are in will want to erect some screening there anyway, as we can see directly into their living room when stood at the bottom of the garden, so it might be a case of playing a waiting game."


Someone unscrupulous might use this to their advantage to allow the neighbour to decide that putting a fence/screen on their side of the wall is the best course of action.

I'd not go as far as taking up naturism, however.

[Deleted User]

Alex has the right idea, if not the right implementation. Throw up a cheap and horrible wall that will definitely make it hard to sell, and wait for the developer to build something nicer. I'd go further and build it on their side of the wall. All they can do is complain to planning about it, which takes ages. More likely they will just do what you want, and the outlay to you will be minimal.