Garden wall on adopted highway

Post Reply
gemma19
Posts: 2
Joined: Thu Sep 28, 2017 9:54 am

Garden wall on adopted highway

Post by gemma19 » Tue Oct 16, 2018 10:30 am

Hi all, really hope you can help!

We bought an old house around 5 years ago, we have completely renovated and extended the building and gardens.
When we applied for planning the drawings detailed a boundary wall wrapping the side of our house (as its on the road - a country lane not busy road) we also detailed a low stone wall at the front of our small front garden.
The plans were approved, and stamped by highways and the local authority and the work began. All was fine until around 12 months ago when a neighbour complained that we had built our wall on the highway. The council came out to survey the area - an enforcement was opened online, we didnt hear anything until April of this year when I checked on the portal and saw that the case had been closed and marked - no breach.
Yesterday we received a NOTICE under section 143 of the Highways act, instructing me to demolish the stone wall within 8 weeks or they will instruct someone to do so and charge us the cost.
They attached an image of the 'adopted highway' which is different to what we can find online, and different again to the paperwork that the council officer showed us 12 months ago.
Does anyone have any advice or help? My husband has already instructed our solicitor to look into this, but I would rather know in advance if we will be just throwing money away!
Thanks in advance....

Collaborate
Posts: 1578
Joined: Mon Feb 23, 2015 9:17 am
Number of Posts per Page: 20
Number of topics per page: 20

Re: Garden wall on adopted highway

Post by Collaborate » Tue Oct 16, 2018 11:03 am

This is not a planning issue. When you were granted planning permission the LPA has no interest in examining the precise boundary of your land.

What you need to do is involve a surveyor to inspect the work and the deeds and advise whether or not you have, as alleged, built on the highway.

arborlad
Posts: 7907
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Garden wall on adopted highway

Post by arborlad » Tue Oct 16, 2018 11:11 am

gemma19 wrote:
Tue Oct 16, 2018 10:30 am
My husband has already instructed our solicitor to look into this,...............



I think it would be wise to go for the surveyor first, in all likelihood, it's what the solicitor will ask for.
arborlad

smile...it confuses people

gemma19
Posts: 2
Joined: Thu Sep 28, 2017 9:54 am

Re: Garden wall on adopted highway

Post by gemma19 » Tue Oct 16, 2018 11:19 am

Thats great thank you - will look into getting a surveyor in to look at it.

arborlad
Posts: 7907
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Garden wall on adopted highway

Post by arborlad » Tue Oct 16, 2018 12:54 pm

gemma19 wrote:
Tue Oct 16, 2018 10:30 am
The council came out to survey the area - an enforcement was opened online, we didnt hear anything until April of this year when I checked on the portal and saw that the case had been closed and marked - no breach.



Assuming you can still access this, print and save, it'll assist your surveyor.
arborlad

smile...it confuses people

Post Reply