Fence and Gate

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BertieBassett
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Fence and Gate

Post by BertieBassett » Tue Jun 25, 2019 10:34 pm

Some new neighbours (1) have replaced their gate with one that is 6ft tall and look to be installing some fencing on top of their 4ft stone wall. Their terraced house yard backs on to an unadopted road and side of yard lies next to the narrow pavement and highway. Their rear stone wall is considerably lower than the other terraced houses walls which we assume is for safety for the vehicles that use the unadopted road joining the highway.
My question is can they increase the height of their wall legally if they are? And is their gate a legal height as it now partially obstructs vision when leaving unadopted road?
I’ve included a crude drawing of area
It’s bad enough that they park their vehicles almost on the corner of the entrance to the unadopted road obscuring oncoming traffic - we contacted council about this and they’ve said there is nothing they can do until an accident occurs!!!

Regards

BB
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Collaborate
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Re: Fence and Gate

Post by Collaborate » Wed Jun 26, 2019 7:55 am

An unadopted road can still be a highway for the purpose of permitted development rights. The problem you seem to have is with your LA. Are you simply talking to Highways, or to the planning department?

MacadamB53
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Re: Fence and Gate

Post by MacadamB53 » Wed Jun 26, 2019 9:24 am

Hi BertieBassett,

if by “unadopted road” you mean a highway (a route the public at large have a right to use to get about - not just to visit the nearby properties) that is not maintained at public expense then your LPA might decide to take action if they’re aware of the gate as it is a clear breach of planning law.

but, if you’re referring to an “unadopted road” when in fact you mean a private road that leads to nowhere beyond the nearby properties, I believe the gate does not breach planning law.

kind regards, Mac

BertieBassett
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Re: Fence and Gate

Post by BertieBassett » Wed Jun 26, 2019 11:53 am

Firstly thank you for the replies.

We’ve only spoken to the highways department about them parking right on the corner of the highway - we said it obstructed our view of oncoming traffic when we leave the unadopted back road and also obstructed the view of oncoming vehicles when we exit.

The unadopted road leads nowhere except to the rear of the terraced houses and is the only access we have to our house and the other house - it’s like an old coal run with a “Right of Way” over and along it and all the houses were built around 1870.

The fence is now being erected on top of the stone wall - batons have been fitted in metal holders and bolted in to the top of the wall. :( It goes from their gate and runs parallel to unadopted road and then parallel to the highway.

MacadamB53
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Re: Fence and Gate

Post by MacadamB53 » Wed Jun 26, 2019 2:52 pm

Hi BertieBassett,

The unadopted road leads nowhere except to the rear of the terraced houses and is the only access we have to our house and the other house

what you describe does not sound like a typical unadopted road - which has a particular definition (as described in my previous post).

why are you referring to the track over which you own a private right of way as an unadopted road?

kind regards, Mac

BertieBassett
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Re: Fence and Gate

Post by BertieBassett » Wed Jun 26, 2019 5:07 pm

MacadamB53 wrote:
Wed Jun 26, 2019 2:52 pm
Hi BertieBassett,

The unadopted road leads nowhere except to the rear of the terraced houses and is the only access we have to our house and the other house

what you describe does not sound like a typical unadopted road - which has a particular definition (as described in my previous post).

why are you referring to the track over which you own a private right of way as an unadopted road?

kind regards, Mac
The back road is not maintained by the council it is a single track road that has always been there and is used by ourselves and a neighbour to park on our driveways and used by the terraced houses to load and unload. The public (delivery drivers, utility workers etc) can access it to get to our properties other than that it is a dead end.

We had a problem with people parking on it and the council referred to it as being unadopted and a private matter that they would not get involved in.

The fencing has now been erected on top of the original stone wall and is around 5ft 7in in height now when stood on back road. We can no longer see pedestrians or vehicles when we want to exit the back as the fencing goes from n°1’s gate to end of wall and then from end of wall to the end of their house which is parallel to the highway and footpath. If we are turning in from highway to use the back road we can no longer see anything or anyone coming out of the back. There are children who play on bikes that come in and out of the back.

Below is the view from the highway

I’ve contacted council planning and we are awaiting a reply now...

Regards
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MacadamB53
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Re: Fence and Gate

Post by MacadamB53 » Wed Jun 26, 2019 5:40 pm

Hi BertieBassett,

until you’ve established whether the track is a highway (and it doesn’t sound like one imho) then I’d recommend you refer to it as a private road rather than an unadopted road.

regardless, the section in the photos is without doubt a breach of planning law if the owner hasn’t obtained planning permission - because it is clearly adjacent to a highway used by motors vehicles (the “roadway” shown in your sketch).

you’ve now informed the LPA so sit tight.

kind regards, Mac

BertieBassett
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Re: Fence and Gate

Post by BertieBassett » Wed Jun 26, 2019 6:58 pm

MacadamB53 wrote:
Wed Jun 26, 2019 5:40 pm
Hi BertieBassett,

until you’ve established whether the track is a highway (and it doesn’t sound like one imho) then I’d recommend you refer to it as a private road rather than an unadopted .

kind regards, Mac
I’ll call it a private road then - I can see the differences from what you posted earlier. It’s the council that have always referred to it as being an “Unadopted Street” and the solicitors when we bought the property 20 years ago.

Below is an old excerpt for planning permission at another terraced house in the row for a rear extension that I came across today whilst looking to see if planning permission had been applied for for the fencing which it hasn’t and no record of it when I spoke to planning department so an Enforcement Complaint Form has been filled in now.
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arborlad
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Re: Fence and Gate

Post by arborlad » Wed Jun 26, 2019 7:06 pm

The 1m height limit applies to fences or walls adjacent to the highway, so the one at right angles to the one in the photo is likely to be included in that.
arborlad

smile...it confuses people

MacadamB53
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Re: Fence and Gate

Post by MacadamB53 » Wed Jun 26, 2019 8:56 pm

Hi BertieBassett,

It’s the council that have always referred to it as being an “Unadopted Street”

what do you mean?

kind regards, Mac

ukmicky
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Re: Fence and Gate

Post by ukmicky » Wed Jun 26, 2019 9:43 pm

Do you have an easement allowing you to drive along the unadopted street
Any information provided is not legal advice and you are advised to gain a professional opinion

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