Walls within garden boundary- permission required?

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lesley_young
Posts: 2
Joined: Mon Jul 11, 2011 11:52 pm

Walls within garden boundary- permission required?

Post by lesley_young »

Hi, I'm looking for some clarification please!

Am I right in thinking that if walls are not adjoining a highway (ie, within your garden and a good distance away from the edge of your garden) and below 2m high, they do not need planning permission? Is this standard for all councils? I am in Wales, by the way (we often do things differently here, just for the hell of it!).

Also, if there is a wooden fence between your garden and a neighbours which is in disrepair can you replace it with a block wall of the same height (around 2m) if the neighbours have no objection?

Thank-you :)
Rosenberg
Posts: 291
Joined: Mon Sep 17, 2007 9:08 pm

Re: Walls within garden boundary- permission required?

Post by Rosenberg »

lesley_young wrote:Hi, I'm looking for some clarification please!

Am I right in thinking that if walls are not adjoining a highway (ie, within your garden and a good distance away from the edge of your garden) and below 2m high, they do not need planning permission?
Yes provided Permitted Development rights have not been removed (Article 4 I think its called). Should be the same in Wales as in England.

lesley_young wrote:Also, if there is a wooden fence between your garden and a neighbours which is in disrepair can you replace it with a block wall of the same height (around 2m) if the neighbours have no objection?

Thank-you :)
Yes provided its no higher than 2m. And entirely on your own land, or if its a shared (fence) wall, with the neighbours agreement.
lesley_young
Posts: 2
Joined: Mon Jul 11, 2011 11:52 pm

Re: Walls within garden boundary- permission required?

Post by lesley_young »

Thanks, Rosenburg - just wanted to be sure I'm doing it right! :)
rp_uk
Posts: 12
Joined: Tue Jun 07, 2011 6:28 pm

Re: Walls within garden boundary- permission required?

Post by rp_uk »

Hi,

Not sure if Wales is different in terms of Permitted Development.....

In England/UK Permitted development is split into two parts, Part 1 and Part 2.

When Permitted Development is removed from planning units, this usually refers to specific sections on Part 1, not Part 2.

Part 2 includes a section on Small Operations, under which walls and fences fall.
These permitted development rights are not normally removed by Article 4 direction.

If you are building a wall to hide the other one check the titles carefully and check that you are in fact building on your side of the boundary. Also worth checking that the boundary is not considered party, with the original fence being built straddling the boundary, as by then building a new wall on your land the neighour could argue through case law that you have moved the party boundary to the centre of the new wall on your land....... very nasty......but has happened in the UK law courts......

Also check for any covenants on your property relating to the boundaries.

Cheers
RP_UK
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