Building fence on boundary line

[Al1son]

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

 

 

[ProDave]

1 hour ago, Al1son said:

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

 

 

So they are saying it is not permitted development.  So next step, a planning application.  Note they have not indicated that a planning application would be refused, only that they believe it requires planning permission.  DO NOT mention anything about amenity land in the planning application, refer to it as your garden ground.

[Temp]

On 24/07/2022 at 01:03, Al1son said:

Furthermore, it is important to recognise the use of the land as landscaped amenity land which is important in retaining the open character of this footpath. On this basis, the erection of any fence in this location should ensure that the use of this land is amenity land and not private garden, otherwise a change of use application would be required. This would also be unlikely to be supported due to the importance of this land in the character of the streetscene.

 

 

In short, we could accept a fence similar to that at no.51, as this would be lawful under this application. However, enclosure of this land should not result in a change of use of the land. I would therefore recommend that you amend your proposal if you wish to proceed with it to accord with the GPDO. If you have any questions about the information above please do let me know

 

I think this states their position on a planning application.

 

You will need to decide if you are going to apply just for the fence or for change of use as well.

[Ferdinand]

If it was less prominent you could rebuild the wall, and term it "maintenance" !