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Notifying Neighbours Of Planning Application. |
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| message from Stuart on 12 May 2004 |
A friend of mine is considering attempting to get planning permission to
build a 3ft fence around her front garden in what is ,essentially,an open
plan estate ( South Lanarkshire). She was previously successful in getting
planning permission in a different Council( Glasgow) jurisdiction for a
small wall topped by a wrought iron fence in what was also an open plan
estate . She already has a fence which is forward of the front elevation
of the house and this was built by the house builders altho' at one point
the Council told her that the fence was NOT there altho' it definitely is
there .
Can anyone say what neighbours notification is needed and how far does the
notification need to stretch to in respect of how far away from her house
do the notifications need to go .??
thx in advance
Stuart
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| Tim Mitchell replied to Stuart on 12 May 2004 |
Might not need planning approval, but our house, in common with many
modern estates, has restrictions which don't allow fences or walls in
front of the building line. Or buildings made from corrugated iron in
the garden. Oh, and we can't keep hens or pigs in the garden.
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| BigWallop replied to Stuart on 12 May 2004 |
A three foot high open wooden slatted fence needs no planning approval, so it might be
an idea to go down that road. This type of fence can border all of the land that the
house has title deed over, so get the deeds out and check what's yours.
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| Geoff Beale replied to BigWallop on 12 May 2004 |
< Oh, and we can't keep hens or pigs in the garden.
You think you're hard done by? We can't dig up the clay to make pots!
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| Nick Brooks replied to Geoff Beale on 13 May 2004 |
We're not allowed to mine for stone
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| Dave Liquorice replied to Geoff Beale on 13 May 2004 |
We have no rights over the minerals either, OK not many people have
but then most people don't have a vent shaft for a lead mine in their
garden or surrounded by old lead workings and lime kilns... Haven't
found any Galena in the paddock but it's lying about up on the fells.
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| BigWallop replied to BigWallop on 12 May 2004 |
Talk about a big brother state. :-)) No fence and hens or pigs either ?
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| Conrad Edwards replied to BigWallop on 12 May 2004 |
The deeds of the property might state that no fences of any type are
allowed.
I lived on an estate with such a restriction, but people ignored it
and put fences up anyway...the deeds still state no
fences/outbuildings allowed and no one comments on it when places
sell.
I guess it depends on the exact kind of area.
Are the properties freehold or leasehold? If leasehold then the
leaseholders would officially need to be notified as well as getting
permission from the council.
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| jacob replied to Conrad Edwards on 13 May 2004 |
Ours is an ex chapel. We're not allowed to trade on a Sunday, gamble
or sell alcohol but luckily it doesn't say anything about sex, drugs
and rock n roll.
cheers
jacob
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| Andy Hall replied to BigWallop on 12 May 2004 |
Until the day after the completion on the last house on the
development.......
.andy
To email, substitute .nospam with .gl
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| BillV replied to BigWallop on 14 May 2004 |
My estate has similar covenants. However, after 20+ years many householders
have ignored them.
e.g. two neighbours have 2m hedges at the front where max height should be
0.5m.
The local authority are not interested in enforcing this type of convenant,
they say it is a civil matter between the neighbours.
Except they are very interested in those places esp at road junctions where
a high front hedge or fence would impede drivers view. For these and cases
where the householder wants to move the fence out to the building line,
planning permission has to be sought and neighbours are notified by the L.A.
anyway.
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| Peter Crosland replied to BillV on 16 May 2004 |
Not a legal requirement although many do.
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| BrianSmedley121 replied to Stuart on 13 May 2004 |
x-no-archive: yes
In 'normal' cases, a fence of 1m height or less won't need planning
permission because it's 'oermitted development'. Yes, there might be a
restrictive covenant imposed by the original builder to prevent this sort of
thing, but that's a private matter: neighbours can invoke the covenant.
But need to check with your council - the planners might have put a
Condition on the original permission for the house/estate which will prevent
any front fences being erected without planning permission (to maintain the
open-pan appearance.).
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| Christian McArdle replied to Stuart on 12 May 2004 |
Check your deeds. Many open plan estates have convenants affecting your
ability to build in the front. Whether or not they are enforcable by
yourselves is another matter. I don't know if there are differences between
Scotland and England & Wales.
Christian.
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| Tim Mitchell replied to Stuart on 14 May 2004 |
I know about the covenants because we recently bought the house and our
solicitor was very careful to point them out. He said that normally
infringements of the covenants are only noticed & only become an issue
when you come to sell the house.
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Archived message: Notifying Neighbours Of Planning Application. (UK D-I-Y Home Decoration)
