Adjacent to highway

Newmoon
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Adjacent to highway

Post by Newmoon » Tue Mar 19, 2019 10:34 am

Dear All

Would like to get some suggestion on the below issue.

I applied for the lawful certificate to increase the fence height of my side/front garden. It was refused stating that part of the proposal is fronting highway.

Actually the part they are referring is not fronting highway but my neighbors car park. I have told them this point but they say that they will still consider that land as continuation of highway (car park) as its used by cars and there is no separation (gate or fence) between the footpath and car park. Highlighted in yellow is the wall I would like to increase to 1.8 meter.

Need advice on how i can take this forward. i.e to appeal or not to appeal. I wont get this approved through full planning application as it may be considered as non similar to locality.

Thanks
Newmoon
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MacadamB53
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Re: Adjacent to highway

Post by MacadamB53 » Tue Mar 19, 2019 11:55 am

Hi Newmoon,

appeal - they’re logic is guff

kind regards, Mac

Newmoon
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Re: Adjacent to highway

Post by Newmoon » Tue Mar 19, 2019 12:37 pm

Thanks Mac

I wonder there is any precedent on similar issue. I tried searching online but no luck

In the officer assessment report stated that this side of the wall is fronting highway so not permitted development. Over the phone they mentioned about that car park is continuation of highway so don’t have anything in writing about this statement

Thanks

Newmoon

Collaborate
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Re: Adjacent to highway

Post by Collaborate » Tue Mar 19, 2019 7:02 pm

I'm not so sure that they're right about the parking area still being highway (it is not open to the public) but there is still scope for the LPA to deem it adjacent to the highway (I disagree with Mac's sweeping statement). There are a number of authorities, although not one place where you can see them all.

This https://www.planningresource.co.uk/arti ... ection-434 contains some commentary (without naming cases) but I'd invite you to look at the case referred to where a boundary feature 3.43m from the highway was still judged to be adjacent to it.

You could apply for a certificate of lawful development and appeal any rejection of that.

Newmoon
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Re: Adjacent to highway

Post by Newmoon » Tue Mar 19, 2019 7:32 pm

Thanks Collaborate

I actually applied for certificate and got rejection in January

My wall is around 5.5meters from the foot path so don’t know how the inspector will assess it now.

So will go for appeal and hope to get some precedent that I could use for my appeal

IdefixUK
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Re: Adjacent to highway

Post by IdefixUK » Tue Mar 19, 2019 8:05 pm

Hello newmoon,
I would like to know why you believe that the wall is your property. (And would that be all of the main wall shown in the photo?)
I would also like to know if there is a roadway to the otherside of the wall in the photo, and is that a public footpath going alongside the shorter curved wall in the distant right of the picture, if not, what is it, and were does it go to and from? If the properties were part of an estate development are there any covenants attached to the deeds which attempt to control wall/fence heights etc.
Perhaps you would be so kind as to draw a plan showing the area marking on it the walls, all roads and paths and the extent of the properties involved.

Thanks and Regards,

Clifford Pope
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Re: Adjacent to highway

Post by Clifford Pope » Wed Mar 20, 2019 8:48 am

IdefixUK wrote:
Tue Mar 19, 2019 8:05 pm

I would also like to know if there is a roadway to the otherside of the wall in the photo,
There's something parked there - the back of a builder's skip just poking into the picture?

IdefixUK
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Re: Adjacent to highway

Post by IdefixUK » Wed Mar 20, 2019 10:47 am

Clifford Pope wrote:
Wed Mar 20, 2019 8:48 am
IdefixUK wrote:
Tue Mar 19, 2019 8:05 pm

I would also like to know if there is a roadway to the otherside of the wall in the photo,
There's something parked there - the back of a builder's skip just poking into the picture?
Yes Clifford, I spotted that, but is that a road further away from the skip towards the entrance to the house in distance? ie on other side of the wall infront of the parked car.

Regards

arborlad
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Re: Adjacent to highway

Post by arborlad » Wed Mar 20, 2019 11:21 am

Newmoon wrote:
Tue Mar 19, 2019 10:34 am

I applied for the lawful certificate to increase the fence height of my side/front garden.



I thought this process was for something existing, not proposed.

What are your reasons for wanting an increase in height?

Can we see a photo of the rest of your front boundary?
arborlad

smile...it confuses people

Newmoon
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Re: Adjacent to highway

Post by Newmoon » Wed Mar 20, 2019 3:49 pm

Here you go a better picture

The land inside 1 meter high boundary wall belongs to me and that’s my front garden. Wall also built by me and no sharing with neighbours. No covenants or boundary issue
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ukmicky
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Re: Adjacent to highway

Post by ukmicky » Wed Mar 20, 2019 10:22 pm

You would probably have a case for appeal there as there is land in-between the highway and the wall that is of a different use and there have been appeals that have been won where they have said where there is land inbetween of different use it was unreasonable for the council to argue the claimants land can be deemed adjacent.


I have not kept links to those cases and it would a require some google searches with some clever wording by you to find them . They are out there though

However planning inspectors can deem private land inbetween to be highway ,so could say the parking area is highway and therefore your proposed fence would be adjacent to a highway. However they can only normally do that if the public have a right to walk on the private land inbetween . It would be hard for them to argue the public have a right to walk over the parking area as the owner of the parking area has the right to keep something on it permanently, blocking it and preventing the public’s access for as long as he likes.

Being honest though I think you would be destroying a nice looking housing area if you were to erect a higher wall,personally I would keep it as it is.
Any information provided is not legal advice and you are advised to gain a professional opinion

arborlad
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Re: Adjacent to highway

Post by arborlad » Thu Mar 21, 2019 8:24 am

That is a real strange layout..............can you identify which is your house please?

You haven't said why you want to increase the height.
arborlad

smile...it confuses people

Collaborate
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Re: Adjacent to highway

Post by Collaborate » Thu Mar 21, 2019 9:37 am

arborlad wrote:
Thu Mar 21, 2019 8:24 am
That is a real strange layout..............can you identify which is your house please?

You haven't said why you want to increase the height.
OP identified their property in their last post.

I have to say that it would be an aggressive and confrontational thing to do to build a 2m wall so close to the windows of your neighbours to the right in the photograph. Potentially you would be interfering in their right to light as well.

arborlad
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Re: Adjacent to highway

Post by arborlad » Thu Mar 21, 2019 9:55 am

Collaborate wrote:
Thu Mar 21, 2019 9:37 am
OP identified their property in their last post.


Which one is it then?
arborlad

smile...it confuses people

Collaborate
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Re: Adjacent to highway

Post by Collaborate » Thu Mar 21, 2019 2:18 pm

The one to the right of the tree and skip, and above the blue car.

Happy to help.

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