M44XMW Posted March 25, 2019 Share Posted March 25, 2019 Hi everyone!I am hoping for some opinions on whether or not I need planning permission to alter my garden wall. The wall is 6ft high, and has a large curve as seen in the photos attached. I want to remove the curve and straighten it up as shown by my amazing artwork (not to scale). I have read on various threads online that altering a wall of any height can be done without PP. However I don't know if this counts as altering, or other? I also wonder if it being on the curbside would make a difference?Any opinions will be greatly appreciated!ThanksMax Link to comment Share on other sites More sharing options...
lizzie Posted March 25, 2019 Share Posted March 25, 2019 Why is it curved? Visibility splay perhaps...looks like it may be next to a driveway. Is it your land? Link to comment Share on other sites More sharing options...
ProDave Posted March 25, 2019 Share Posted March 25, 2019 I suspect that will need planning permission. In my very first house there was a 6ft fence at the end of my garden bordering a road, except there was first a 5ft strip of land before the footpath, which was shown as mine on the deeds. I had to get planning permission to move that fence as it bordered the highway and anything over 1 metre tall adjoining the highway needs PP. I wonder why it was built like that? I can clearly see why you want to move it. Link to comment Share on other sites More sharing options...
M44XMW Posted March 25, 2019 Author Share Posted March 25, 2019 29 minutes ago, lizzie said: Why is it curved? Visibility splay perhaps...looks like it may be next to a driveway. Is it your land? I am unsure why it is curved, I have another curved section on the other side of the house also. Weird I know! The piece of tarmac to the right hand side is my drive way. For visibility, no other properties will be affected by the wall alterations. Previously there were some very large bushes in that space. Link to comment Share on other sites More sharing options...
M44XMW Posted March 25, 2019 Author Share Posted March 25, 2019 25 minutes ago, ProDave said: I suspect that will need planning permission. In my very first house there was a 6ft fence at the end of my garden bordering a road, except there was first a 5ft strip of land before the footpath, which was shown as mine on the deeds. I had to get planning permission to move that fence as it bordered the highway and anything over 1 metre tall adjoining the highway needs PP. I wonder why it was built like that? I can clearly see why you want to move it. Its certainly a strange feature to have! If moved I would gain so much space in my garden! I see! Did you have much trouble getting permission? & how long did it take? With this, no other houses will be affected by the change which is good. It is just the added feature of being right on the boundary that makes it more difficult. I am having mixed opinions on this, some people are saying that it should be fine as it is just an alteration to the wall and others are saying differently so now I'm caught in 2 minds! I guess the best/ safest thing to do would be just to apply for it. Trouble is I want to get the garden sorted before the summer! Haha Link to comment Share on other sites More sharing options...
ProDave Posted March 25, 2019 Share Posted March 25, 2019 PP to move my fence took about 8 weeks, done on a homeowner application. it was passed without question. It was slightly more complicated as it also included PP for the shed that I had already built, and included for 4 adjoining neighbours to all move our fence together Link to comment Share on other sites More sharing options...
Temp Posted March 25, 2019 Share Posted March 25, 2019 Normally you would be allowed but as others have said there is a 1m height limit next to a boundary. That doesn't mean you can't build a 6ft wall but you would need planning permission. You should be able to get a title plan from the Land Registry web site via email for a £3. Beware of fake land registry web sites that can look more professional than the real one! All they do is charge more and get the plan from the real LR web site. The real site is here.. https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do?_ga=2.19072443.2041850150.1553521796-652438527.1526896499 if that doesn't work you may need to register here first.. https://eservices.landregistry.gov.uk/ Once registered enter house name/number and post code and it should offer you a Title Register, Title plan and flood risk indicator. You want the title plan. They sent it by email as .pdf last time I used it. Link to comment Share on other sites More sharing options...
AliMcLeod Posted March 25, 2019 Share Posted March 25, 2019 (edited) Can you post a rough site layout with the wall marked? Does your drive open out onto a busy road? It could be that the visibility splays are there so that cars on the road can see cars coming out of the drive (and vice-versa). Edited March 25, 2019 by AliMcLeod Link to comment Share on other sites More sharing options...
M44XMW Posted March 25, 2019 Author Share Posted March 25, 2019 1 hour ago, AliMcLeod said: Can you post a rough site layout with the wall marked? Does your drive open out onto a busy road? It could be that the visibility splays are there so that cars on the road can see cars coming out of the drive (and vice-versa). I think they are meant to be visibility splays, however for years now there have been huge bushes that stop them being of any use. I have attached a plan. The green circle is the wall in question. Link to comment Share on other sites More sharing options...
lizzie Posted March 25, 2019 Share Posted March 25, 2019 Yes you can see why it was done like that for visibility coming out onto the road. Think you need to talk to your local planners, they may want an input from highways too. Link to comment Share on other sites More sharing options...
Temp Posted March 25, 2019 Share Posted March 25, 2019 I would check with the planning office what visibility splay is required and see if you can meet it. If you can then submit a planning application. If not then consider reducing a section to 1m high. If you own the land bordered in red it looks like other enlargements are possible. Link to comment Share on other sites More sharing options...
ProDave Posted March 25, 2019 Share Posted March 25, 2019 It was probably also part of the developers planting scheme. you would have been better leaving the overgrown bush in place until after you have planning to move the wall. Link to comment Share on other sites More sharing options...
Mr Punter Posted March 25, 2019 Share Posted March 25, 2019 It looks as if the wall is all on your land and between your boundary and the road is a pavement. I am not sure what you want to achieve - privacy, daylight / sunlight, additional usable outside space, security, kerb appeal? If possible, discuss with the planning office. You could probably have 1m high and later add trellis on top. Link to comment Share on other sites More sharing options...
M44XMW Posted March 25, 2019 Author Share Posted March 25, 2019 3 hours ago, Mr Punter said: It looks as if the wall is all on your land and between your boundary and the road is a pavement. I am not sure what you want to achieve - privacy, daylight / sunlight, additional usable outside space, security, kerb appeal? If possible, discuss with the planning office. You could probably have 1m high and later add trellis on top. By removing the curved section I would gain a significant amount of garden space. I will give the planning office a call tomorrow and see what they say. It's a shame that gaining planning permission takes so long, I was hoping to get the garden ready for the summer! Link to comment Share on other sites More sharing options...
ProDave Posted March 25, 2019 Share Posted March 25, 2019 Do you really want to replace it with a section of wall? or would a fence do? You could test the water by putting up a couple of fence panels to enclose that bit and still leave the wall in place, and wait a few weeks to see if anyone says anything? If they don't then the wall could "fall down" Link to comment Share on other sites More sharing options...
M44XMW Posted March 26, 2019 Author Share Posted March 26, 2019 9 hours ago, ProDave said: Do you really want to replace it with a section of wall? or would a fence do? You could test the water by putting up a couple of fence panels to enclose that bit and still leave the wall in place, and wait a few weeks to see if anyone says anything? If they don't then the wall could "fall down" Ideally, I would replace it with a section of wall as I don't think it will look right having a section of fence there. I haven't got any concerns about neighbours around me making any complaints as it wouldn't actually affect any of them. My concern was with the planning permission side of things. Is it morally wrong to crack on and alter the wall, and then worry about applying for retrospective planning later? ? Link to comment Share on other sites More sharing options...
ProDave Posted March 26, 2019 Share Posted March 26, 2019 Well you could move the wall. If anyone complains you would have to apply for retrospective planning permission. If that is refused then the worst case is you would have to reduce the new wall to 1 metre high. EDIT and then put a planter on top of the wall and grow a hedge on top of the wall Link to comment Share on other sites More sharing options...
M44XMW Posted March 26, 2019 Author Share Posted March 26, 2019 Has anyone ever had any issues with retrospective planning? (or know someone else that has?) Link to comment Share on other sites More sharing options...
Gone West Posted March 26, 2019 Share Posted March 26, 2019 2 minutes ago, M44XMW said: Has anyone ever had any issues with retrospective planning? (or know someone else that has?) It's standard practice for the farmers around here. They do what they want and if there are any complaints they put in for retrospective PP and then ignore any subsequent conditions. Link to comment Share on other sites More sharing options...
lizzie Posted March 26, 2019 Share Posted March 26, 2019 34 minutes ago, M44XMW said: Has anyone ever had any issues with retrospective planning? (or know someone else that has?) HWMBO is a specialist planning lawyer and getting people out of the messes they create by thinking they can buck the system is part of the day job.....usually much bigger cases than garden walls LOL Link to comment Share on other sites More sharing options...
HerbJ Posted March 26, 2019 Share Posted March 26, 2019 Standard practice for most developers, together with creative use of NMA's and change of conditions, which normally involve slipping in new plans with wholesale changes to the original approved plans. My wife is Chairman of the Parish Council Planning Committee and it seems that a good proportion of Planning Application in this area are retrospective by Developers "gaming" the system . She has s a case at committee tonight - new build in green belt was given approval as a replacement dwelling in 2017. The developer didn't build anything close to what approved and is putting in retrospective planning application for a house that must be 50% bigger than the house approved ( which was 50% bigger than the original dwelling). The construction has been stopped by enforcement after the neighbours reported it and the developer has already withdrawn one retrospective application in 2018 and is trying again after removing the garage ( there was no garage on the original application??) It's a game and developers are very good at it... Link to comment Share on other sites More sharing options...
M44XMW Posted March 27, 2019 Author Share Posted March 27, 2019 Thanks everyone for their inputs, very useful information! I will sort out a PP application and do it the right way, I don't like the idea of putting it up and then going for retrospective planning!? Link to comment Share on other sites More sharing options...
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