Moving garden fence within boundaries

[Newhomeowner]

Hello everyone.

 

I have recently purchased my first home. To the right of the garden is a strip of green which according to the deeds is our land. We were thinking of moving the fence to extend our garden. I have checked with our solicitor probably 3 times now and she has said she cant see anything in the deeds stopping us from doing so as this is within the boundaries. The line on the photos shows where we would like to extend to so esentially we will still be leaving quite a bit of green. I have heard we would need to apply for planning permission, that it could be possible we can but only up to 1.1m as its close to the road (which is a dead end road). We would also like to do one at the front of the house, going to the side which i understand will need to be max 1.1m as it is on a bend. I have tried to contact the Council and been sent two forms, one for the old fence, one for the new but it is so confusing some of the information they require on there.. Maybe some of you have had a similar experience and have some advice? It would be much appreciated.

 

Many thanks 

[Bozza]

It looks like you’re house is part of a fairly modern estate perhaps 20-30 years old?  .  Which makes me wonder why the developer wouldn’t have had the fencing placed at the edge of your boundary from the outset, so they could sell a house with a bigger garden.  There must be a reason for them not doing so and that reason may be   Perhaps visibility at the junction something like that ?

 

 

[Newhomeowner]

Yes it is 20 years old. That's what i heard someone mention before, saying to check if its not been left like that on purpose as part of the design. Would this be something that would be clarified by Planning Permission, do you know?

 

Many thanks 

[the_r_sole]

hard to tell exactly but the fence might have been placed that far back off the road to allow for visibility splays and/or for services to run along side the road

[epsilonGreedy]

43 minutes ago, Bozza said:

There must be a reason for them not doing so and that reason may be   Perhaps visibility at the junction something like that ?

 

 

When I asked a similar question the Planning Office responded saying "we would not object in principle though we would defer to the opinion of highways".

Edited September 9, 2020 by epsilonGreedy

[epsilonGreedy]

3 minutes ago, Newhomeowner said:

Yes it is 20 years old. That's what i heard someone mention before, saying to check if its not been left like that on purpose as part of the design. Would this be something that would be clarified by Planning Permission, do you know?

 

 

A householder minor planning application is very cheap in my part of the world and would help clarify matters. A thumbs up from the planners would not legally trump the legal constraints in your deeds so you will a solid thumbs up from your solicitor.

 

Do school children walk past your property?

[joe90]

A friend of mine bought an estate house with similar fencing back from ownership of land, he was told he could move the fence and heard on the grapevine the builders do it to make the estate look better (wider roads and verges).

[Newhomeowner]

25 minutes ago, epsilonGreedy said:

 

A householder minor planning application is very cheap in my part of the world and would help clarify matters. A thumbs up from the planners would not legally trump the legal constraints in your deeds so you will a solid thumbs up from your solicitor.

 

Do school children walk past your property?

I wouldn't say so as the youngest ones live in the first house so they dont pass that way.. I will look into the minor planning application, thank you 

[Gav_P]

10 minutes ago, joe90 said:

builders do it to make the estate look better (wider roads and verges).

This is true... I have been involved in a few site developments and the fence boundaries are quite often defined by the overall aesthetics of the development rather than optimised for a home owner or any other practical reasoning. .. the extra few metres of garden are unlikely to add as much value (to the developer) as an open community space. Can you imagine what it would be like if all estate properties had fences up to their boundaries... it would be like entering a maze. 

[the_r_sole]

31 minutes ago, joe90 said:

A friend of mine bought an estate house with similar fencing back from ownership of land, he was told he could move the fence and heard on the grapevine the builders do it to make the estate look better (wider roads and verges).

 

interesting, hadn't heard that before, bit of a turd polishing exercise in most cases!

[Gav_P]

10 minutes ago, the_r_sole said:

 

interesting, hadn't heard that before, bit of a turd polishing exercise in most cases!

But it works... people love shiney sh!t

[Gav_P]

Also, take a look at all the current Garden Communities (Garden Villages) being designed at the moment. The larger open plan, open spaces are part of what attracts buyers.