Hi,
We have recently moved into a property and are looking to utilise all the garden space.
Currently the garden is separated by a 2m wall which we want to knock down and extend the garden into the unused space in Picture A and Picture B (yellow line depicts where the 2m wall is currently). We originally wanted to place fencing behind the small wall but pre planning advice has let us know that it will be rejected as it "will negatively impact the character and appearance of the local area". We have attached the Pre Planning Advice Response for reference.
So our second thought was to knock the small wall down and erect 1m high rail fencing and plant some 2m high hedging as we know that doing both of these, should not require planning permission.
However we have been advised that this will also require planning permission to change the use of the land from from private open space to private garden land. In our Deeds (Picture C) or on our Title Plan (Picture D) it does not show a separation the the two area. We then asked the council to provide where they have acquired this information from and they sent us through an image of the original landscaping plan with a clear divide (Picture E) with this email;
"I have attached an extract from the landscaping plan as part of the original planning application which informed my assessment. The plan shows the dwarf wall, the planting location to the rear and then the location of your boundary fence to your garden. Similarly, the planning layouts also show a clear division between the rear garden of the properties and the current wall position. It is for this reason that I concluded that this land is used as strategic landscaping / amenity land. Your proposal would materially change the use of the land from amenity space to garden land and therefore a change of use planning application would be required."
No one maintains the area, and it is full of weeds and litter. We believe it is our responsibility to maintain it but we have no access to the area and we would not benefit from putting any effort in, as we do not use or see the space.
We now don't know what to do, where to start, or whether it will be futile trying to get the change of use in the first place.
TIA.
Pre Planning Advice Response Letter.pdf
Pre Planning Advice Response Report.pdf