Notifying Neighbours Of Planning Application.

May 12, 2004 15 Replies

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


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.

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.

In article , BigWallop writes

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.

Talk about a big brother state. :-)) No fence and hens or pigs either ?

Don't blame the state: it's not your local planners banning fences or hens, just a good hearted Conservative-voting developer!

Until the day after the completion on the last house on the development....... .andy

To email, substitute .nospam with .gl

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.

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.

< 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!

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.

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.).

We're not allowed to mine for stone

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

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.

In article , BillV writes

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.

Not a legal requirement although many do.

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