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Newbuild Land Dispute Planning Enforcement

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Comments

  • newbuildnightmare
    newbuildnightmare Posts: 36 Forumite
    10 Posts Name Dropper
    The previous version was 2010 at 5 Metres which appeared to change in 2023 as you say.  I have also checked everything I can see on the portal regarding the development and it only lists measurements of visitor parking at 5m & 6m. Assuming that there is no specific driveway measurement provided would i be right in assuming they would have had to default to the 2010 standard of 5M?  The drive for my house no10 and numbers 1-9 are all 4,8M long.  In light of this do i contact planning enforcement or Highways?
  • Section62
    Section62 Posts: 10,022 Forumite
    1,000 Posts Fourth Anniversary Name Dropper
    The previous version was 2010 at 5 Metres which appeared to change in 2023 as you say.  I have also checked everything I can see on the portal regarding the development and it only lists measurements of visitor parking at 5m & 6m. Assuming that there is no specific driveway measurement provided would i be right in assuming they would have had to default to the 2010 standard of 5M?  The drive for my house no10 and numbers 1-9 are all 4,8M long.  In light of this do i contact planning enforcement or Highways?
    The 2010 standard is what the council would probably say had to be provided (by default) if they decided to take enforcement action.  (if the developer appealed the enforcement notice the Inspector would go through the heirarchy of legislation/policy to determine the applicable figure, and in the absence of an application-specific figure then the SPD would be next in line)

    If anyone it would be planning enforcement you need to speak with, but if they decided to take enforcement action (which they don't have to) then were you hoping the action would be against the developer (rather than you) and is there something in your contract with the developer you'd be able to rely on to compel the developer to take responsibility?
  • sheramber
    sheramber Posts: 22,880 Forumite
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Assuming your measurement is accurate , could  the council insist you move your fence back a few inches to achieve the 5 meters? 
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