Al1son
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Everything posted by Al1son
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Received the official decision, reason for refusal The proposed development does not accord with part (a) under Paragraph A.1 under Part 2 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). As such, planning permission is required for the proposal. Slightly confused as no mention in the refusal that it's amenity land and that it's along a footpath etc
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Received the official decision, reason for refusal The proposed development does not accord with part (a) under Paragraph A.1 under Part 2 Class A of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended). As such, planning permission is required for the proposal. Slightly confused as no mention in the refusal that it's amenity land and that it's along a footpath etc
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Thanks, I'm waiting for the council to provide evidence that it's amenity land
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I've spoken to a planning consultant who has advised if the planning inspectorate accepts the footpath is not 'used by vehicular traffic' then they can't refuse that is 'not in keeping with the open landscape of the area' and or that it's amenity land as it's irrelevant
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I think it's 10 years, we don't want to be waiting that long. It was overgrown to begin with, we purchased the house recently, cleared the area at the time. The priority was to renovate internally upon which it was overgrown again and then subsequently cleared again
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Yep but the council are claiming it's 'amenity land' 🤷♂️
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It was all overgrown, a bit of a jungle! Was recently all cut down and cleared by us
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Attached is pic which shows the wall further along the path which separates our garden and the land
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If you zoom in the first pic the red line encloses the land into my ownership. Agree there is a black line but that doesn't denote as being anything I'm waiting for the formal decision to come through at which point I'll appeal. I'll chase the council again to prove its amenity land, provide the map, if they can't demonstrate or fail to respond. I'll provide this evidence to the planning inspectorate. Secretary of state! Wow that must have been costly!
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Came from requestaplan online purchased a location plan which was required for the application. Here are some other drawings I found on deeds and on the 1970 conveyance plan for the area
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Good spot! Didn't notice that at all! No idea what that would mean though
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The land is separated between our actual garden by a brick wall so other than providing assurances that'll it'll not be part of our private garden as it's a small insignificant area, I'm not sure what else we can do
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It's a narrow strip of land 1m wide further down the footpath it's 2 to 3m wide so a hedge will not be viable as it'll restrict access as we wish to install a gate to access the area
- 128 replies
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- planning permission
- fence
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We are not intended to change the use of the land into a private garden. We just want to enclose the area curtilage of our boundary off to provide security, privacy, prevent littering and dog fouling etc Deeds make no reference to the area being amenity land. I've asked the council to provide evidence i.e where it states it's amenity land including the land in 'pink' they refer to on the maps, its been over 2 weeks and no response is forthcoming
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@Temp the appeal you pinged me was an interesting read as it states 'Although a footpath is technically considered a highway the footpath in question is not used by vehicles nor adjacent to a highway used by vehicles. As such and in accordance with the Town and Country Planning (General Permitted Development) Order 2015 the proposed development would normally be permitted development' The above exactly applies to my case, so I was wondering if the planning inspectorate concedes and accepts the above, could they still refuse and still argue that 'its landscaped amenity space which contributes to the open character of the footpath'?
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What is the decision making process when it comes to applications for lawful development certificates? I understand the applicant has to specify what class of the GPDO that is being applied for However I have seen many applications where the council refer to their local policies and the NPPF to reject applications even though it meets the use class that it was applied for! Surely this is unfair, how does the homeowner have a chance of ever getting an application approved!? This is not even stated in the GPDO technical guidance!
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@Temp thanks, i'm in the process of compiling similar cases where the application was approved. I'm also seeking legal advice as to whether the council's position is correct and if I have good grounds to appeal
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B6___2012_0217_39_Oaklands_Dr_COMPLETE.pdf
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We recently cleared the land it was overgrown, full of brambles, a bit of a jungle! If the application gets refused we won't bother maintaining it! It'll be no use to us, so why waste time and effort!
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@DevilDamo thank you for your input Personally I think I maybe on to something yes a footpath is a highway I agree but crucially the footpath is not used by vehicular traffic The only other issue remains is the council classing my land that I am the owner of as amenity land and keeping the area open I intend to appeal if the PO insists it is not PD Will let you know the outcome regardless
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@Temp if we go with what you proposed the width will only be 1m wide vs being 4 to 5m wide We do not intend to incorporate that land into the garden we are just merely looking to enclose the curtilage of our boundary
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“Highway” is not defined in the GPDO for the purposes of Part 2. Section 336 of the principal 1990 Act defines the term by reference to the meaning within the Highways Act 1980. The interpretation section of the 1980 Act says “highway” means the whole or a part of a highway other than a ferry or waterway.” https://www.planninggeek.co.uk/glossary/h/highway/
- 128 replies
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- 1
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- planning permission
- fence
- (and 2 more)
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😂 They'll be no land or benefit if I do that!
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@Temp I've uploaded the proposal on the location plan the 2m fence will be set back over 6m from the road which is in line to the wall
