Garden Law Discussion

I also find it difficult to believe that there has ever been legal authority on this particular subject as to whether a planning condition has more legal validity than a granted easement. Pilman Forget about any disagreements we may have had in the past ,you need to trust me on this one . There is ...

A legally granted right of way cannot be extinguished by any section of the Town and Country Planning Act, which was first enacted by Parliament in 1948 and last amended in 1990 Did I say extinguish. No I didn’t say planning permission can extinguish an easement right.. but it can prevent an easeme...

Wow , seriously . I apply for planning permission to build 4 bungalows. Consent is given but a condition is attached requiring a wall to be built to the side of one of the bungalows. I build the bungalows and and sell them but also grant an access easement that runs directly through the wall which w...

PP definitely does not overide the rights of third parties over land. If that were the case then anyone wanting to obstruct someone's ROW would simply apply for PP that includes an obstruction Planning permission is statutory law which is superior to common law and whilst PP cant grant permission f...

We have found over 50 breaches of the Council`s own planning regulations for a Conservation area, including some very serious ones relating to fire hazard. Yet the planning officer appointed to the case already tried to approve the 5th application. This is the 7th. He is now writing to neighbours t...

That is not bad, I was expecting a lot worse. I’ve pulled down and rebuilt a longer wall my self over 3 week ends on my own. I also would not be replacing that with a fence and to do so would reduce the value of you your house. Get a quote to perform a partial rebuild and repointing of the whole wal...

If it’s also not to bad it can be forcibly straightened ,repaired and skimmed with concrete

Also adjacent can and normally does include verges .

The thing to do would be to apply for an LDC before you do anything.


Can it not be repointed ?


Do you have a picture showing it’s condition

I thought this was settled Law due to old appeal cases where it was determined that where a substantial section of a wall or fence over 1 meter that’s sits adjacent to the highway is removed and rebuilt, it will deemed to be new development requiring planning permission and will not be permitted dev...

Our property and our neighbours were once owned by the same family. The property was sub-divided to allow the son to build his own dwelling and the outside spaces were divided accordingly. The son's house was subsequently transferred to his ownership. We later bought the original family home but th...

I couldn’t see the opinion coming back in favour of your neighbour ,so it’s nice to see it in black and white.

Sorry but in regards to your neighbours , blocking the ROW for 6 hours at a time is not reasonable and you have no right to do so. It’s possible a court could deem just on occasion as being substantial obstruction because in reality being prevented from gaining access to your house or be prevented f...

There are differing views on this one so be careful It was my impression from the other things I read here that have been written here that they couldn't make us legally liable for repairs. As I said before, it reality, we will need to keep the track passable for ourselves and because we don't want ...

Planning permission should be refused for development resulting in the loss or deterioration of irreplaceable habitats, including ancient woodland and the loss of aged or veteran trees found outside ancient woodland, unless the need for, and benefits of, the development in that location clearly out...

They can’t stop you. The only way would be if the increased burden from barn to holiday let became excessive which it is not. There is nothing preventing you from changing its use . You also have the right to cut back the overgrowth, you don’t need there permission providing you only cut back to the...