Adjacent to highway

IdefixUK
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Re: Adjacent to highway

Post by IdefixUK » Thu Mar 21, 2019 4:29 pm

I would just love to know more about the curved wall in front of the double garages, perhaps a different photo. Probably off topic but just interested.
Thanks.

MacadamB53
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Re: Adjacent to highway

Post by MacadamB53 » Thu Mar 21, 2019 4:49 pm

Collaborate wrote:
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.
Hi Collaborate,

did you get your wires crossed about which section of wall we are discussing? the section behind the car that runs perpendicular to the neighbour’s house and is probably c4m away from their downstairs window...

kind regards, Mac

MacadamB53
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Re: Adjacent to highway

Post by MacadamB53 » Thu Mar 21, 2019 4:50 pm

IdefixUK wrote:
Thu Mar 21, 2019 4:29 pm
I would just love to know more about the curved wall in front of the double garages, perhaps a different photo. Probably off topic but just interested.
Thanks.
raised flowerbed

Collaborate
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Re: Adjacent to highway

Post by Collaborate » Thu Mar 21, 2019 7:46 pm

MacadamB53 wrote:
Thu Mar 21, 2019 4:49 pm
Collaborate wrote:
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.
Hi Collaborate,

did you get your wires crossed about which section of wall we are discussing? the section behind the car that runs perpendicular to the neighbour’s house and is probably c4m away from their downstairs window...

kind regards, Mac
Yep, didn't spot it was just the yellow wall.

arborlad
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Re: Adjacent to highway

Post by arborlad » Fri Mar 22, 2019 9:29 am

Collaborate wrote:
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.


From the first photo it looks like the detached one with the two white garage doors - be better if the OP could confirm it though.
arborlad

smile...it confuses people

Clifford Pope
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Re: Adjacent to highway

Post by Clifford Pope » Fri Mar 22, 2019 10:42 am

That'sthe same one, surely? The one with the wheelie bin parked against the wall.

arborlad
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Re: Adjacent to highway

Post by arborlad » Sat Mar 23, 2019 5:08 am

Newmoon wrote:
Tue Mar 19, 2019 10:34 am
I wont get this approved through full planning application as it may be considered as non similar to locality.

Thanks
Newmoon



The term normally used in these circumstances is not in keeping with the overall street scene, which basically includes anything forward of the building line.
arborlad

smile...it confuses people

ukmicky
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Re: Adjacent to highway

Post by ukmicky » Sat Mar 23, 2019 3:46 pm

Appeal the refusal to issue the LDC as they can’t take into account what it will do to the street scene.

The can’t claim the car park is a continuation of the highway because to do so would mean the owner of the car parking bay couldn’t permanently block it with a car as it would be a obstruction to the highway. It’s either a privately owned parking bay or highway ,it can’t be both.


If it’s highway it also means the owner of the land couldn’t leave an untaxed vehicle on it and must abide by the rules of the highways Act so it’s important for the owner of the land to find out what status this land really has also.
Any information provided is not legal advice and you are advised to gain a professional opinion

Newmoon
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Re: Adjacent to highway

Post by Newmoon » Wed Nov 20, 2019 8:06 pm

Dear All

I have appealed the rejection and on the written statement the reason LPA state that “with viewing of the land it can be seen that there is nothing indicates that this land is for the sole use of any specific person or property or that it is not land usable by general population”

Attached is the layout of my property and blue line on the 2nd photo is the area that LPA states as fronting highway but I am fighting that there is a significant area which is under different ownership and use which divides my boundary from highway.

Can someone guide me on what are the points I could mention in my written statement with any precedent case as an example.

Thanks
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MacadamB53
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Re: Adjacent to highway

Post by MacadamB53 » Wed Nov 20, 2019 8:39 pm

Hi Newmoon,

with viewing of the land it can be seen that there is nothing indicates that this land is for the sole use of any specific person or property or that it is not land usable by general population

note they have not explicitly stated it’s part of the highway - because they can’t as it’s not...

it’s an attempt to cover the matter, but is nonsense.

remind me again, why are you even applying for planning permission if the proposal is to erect a wall 1.8 metre in height that is not adjacent to a highway used by motor vehicles? - such a proposal already has been granted planning permission by the latest GPDO (aka it qualifies as “Permitted Development”)

is the “affected” neighbour on board with the proposal?

kind regards, Mac

Newmoon
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Re: Adjacent to highway

Post by Newmoon » Wed Nov 20, 2019 9:50 pm

Hi Mac,

I applied for LDC to ensure that it’s fronting highway but they refused stating that part of the land is fronting highway.

Neighbours had concerns but agreed for the high wall and the side wall has already been built.

Attached is the grounds I mentioned in the appeal and the response from LPA
Thanks
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Newmoon
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Re: Adjacent to highway

Post by Newmoon » Wed Nov 20, 2019 10:08 pm

For some reason I was not able to attach more photos so the grounds of appeal is attached
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Newmoon
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Re: Adjacent to highway

Post by Newmoon » Fri Nov 22, 2019 10:57 am

Hi

Anyone could please Suggest some counter points on the LPA statements

Thanks

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