Fence on retained land

Fence on retained land

Postby BeeEye » Mon Oct 02, 2017 3:40 pm

Hello. I own a property that is considered Retained Land over a section that was sold for development. We have put a 1.8m high fence along our boundary, but are being told we need planning permission as it is now next to the adopted highway. The adopted highway is on the sold land which used to belong to our property. We have an entry in our title that states "The transferee shall not be entitled to any right or easement of light or air or otherwise which would restrict or in any way interfere with the free use for building or any other purpose of the retained land or any part of it." Does this mean we do not need planning permission? Does this clause entitle us to undertake permitted development work that would have been allowed before the land was sold.

Thanks for any advice you can offer!
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Re: Fence on retained land

Postby MacadamB53 » Mon Oct 02, 2017 4:02 pm

Hi BeeEye,

the covenant in the deed is utterly irrelevant.

developing any land requires planning title (aka planning permission).

erecting a fence is considered a development in this context - so one needs planning permission to erect a fence.

legislation has been passed which grants planning permission to many types of development and this includes:

all fences 1m or less in height that are erected adjacent to a highway used by motorised vehicles - the highway includes the pavements if there are any.
all fences 2m or less in height that are erected anywhere else.

your 1.8m tall fence has been erected adjacent to a highway which means it hasn't been granted planning permission by virtue of this legislation and therefore it breaches planning law.

you have 3 options:

1. do nothing
the LPA would have four years to take action, after which they'd be time-barred and the fence would effectively have pp

2. submit a retrospective planning application and cross your fingers
if the LPA don't grant pp you could then appeal to the Planning Inspectorate and cross your fingers

3. remove the fence
leave "open plan", erect a shorter fence/wall, plant a 1.8m tall hedge (hedges don't need pp)

kind regards, Mac
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Re: Fence on retained land

Postby BeeEye » Mon Oct 02, 2017 5:52 pm

Thank you for a clear and thorough reply. It is much appreciated.
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Re: Fence on retained land

Postby Collaborate » Mon Oct 02, 2017 11:19 pm

It really depends on what was there when you erected the fence (or its predecessor). If there wasn't a highway there (i.e. it was yet to be developed) then you had PP under the PD regs, and the fact that someone then built a road next to it wouldn't invalidate the PD PP you had at the time it was erected.
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