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Showing results for tags 'curtilage'.
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We have some land to the right hand side of our property, which is our boundary, total length is approx 24 metres. We would like to install 6 ft close board fence panels from a safety and security perspective and will give us more garden space However adjacent to the land is a footpath I found this online with regards to the regulations "No planning permission is required for a wall or fence that is under 2m in height. However, if that wall or fence is adjacent to a highway (including a footpath) then the height of a wall or fence cannot exceed 1m without planning permission" However i am not sure what 'highway' exactly refers to, is it the pavement, road or footpath? Or all? Can i install a 2m fence without planning permission? Pics attached highlighting the area where we wish to erect a fence etc https://ibb.co/xX6GdPt https://ibb.co/WkQMxFR https://ibb.co/wwZPGx8 https://ibb.co/5FKBTf0 https://ibb.co/1LnDK5n https://ibb.co/93XRyZ7
- 128 replies
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- planning permission
- fence
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We recently reclaimed PD rights and are looking to extend our terrible existing access driveway (so that we don't have to walk 60m just to get to our front door!). We'd look to extend the current gravel driveway over our own land, by cutting through the paddocks we own and then looping round to the front door. Qs/observations: the council are unlikely to view the paddocks as part of the curtilage of the dwelling house this means said paddocks are exempt from PD rights, I believe however, we have a huge amount of hardcore from a recent demolition if we simply lay said hardcore in a shallow trench, gravel it and run it through the paddocks is that lawful? Because the driveway doesn't contain any concrete and is not therefore "hard-standing" or is it simpler than that, and we can simply create said driveway extension, hard-standing - as it's on our land Here are two bits of conflicting advice from the council commenting on previous apps/pre apps: “the revised change to the existing driveway is within the site, and as such is considered acceptable…” (from officer report approving previous subtle alteration to driveway) “The above notwithstanding, whilst it is not entirely clear from your submitted drawings, it would appear as though the proposed new line of the access would go through part of the existing paddock area. From a quick look at the plans, although it is clearly within your ownership, I would be surprised if this paddock would be considered as legitimately forming part of the curtilage of your dwelling and, on this basis, the formation of a hardstanding/drive would almost certainly, in my opinion, require express planning permission from the Council as the paddock land would not benefit from permitted development rights. However, I should repeat this is only an informal view and does not represent a legal determination as to the need (or otherwise) for planning permission. “ (from pre app advice) Very much welcome any thoughts, would love not to have to do yet another council app.
- 24 replies