Fencing Green Belt Land

BaileyBoo
Posts: 5
Joined: Mon Nov 11, 2019 8:44 pm

Fencing Green Belt Land

Post by BaileyBoo » Wed Nov 20, 2019 8:19 am

Dear all,

I'm looking for some advice, guidance as to what I can and can't to to mark my boundary around a very small piece of land I own that is green belt land adjacent to my domestic garden.
The local council have rejected my application to convert this land into a domestic garden.
It is full of weeds, brambles and Himalayan Balsam which I understand from an agronomist is a notifiable weed and should be removed and it is infecting all the neighboring gardens and land.
I appreciate that I can not use this as a garden but would like to fence it off to mark out what belongs to me. I do have a stone wall between my garden and this ancillary green belt land but have a pre-existing gate access through the wall. This wall acts as a permanent boundary between my garden and the green belt land.
So can anyone give me advice as to whether I can fence this additional land off and with what type of fence, or will the council claim its unauthorized development and make me remove it?
Thanks in advance

mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: Fencing Green Belt Land

Post by mr sheen » Wed Nov 20, 2019 9:50 am

It is possible that the land you refer to is ‘amenity’ land required to be left for environmental diversity or community benefit as a condition of planning, or it may be designated ‘highway’. You could take a chance and fence it and see what happens....the worst that could happen is that you would have to remove the fence.
Your guess is as good as anyone here as to whether any action would be taken against you to remove it.

SJC14
Posts: 86
Joined: Wed Nov 01, 2017 2:23 pm

Re: Fencing Green Belt Land

Post by SJC14 » Thu Nov 21, 2019 12:59 pm

BaileyBoo wrote:
Wed Nov 20, 2019 8:19 am
I understand from an agronomist is a notifiable weed and should be removed
There is no such thing as a notifiable weed in the UK. Himalayan Balsam is a problem in that it produces lots of seeds, esp along rivers. Otherwise it is quite harmless.

Paddock
Posts: 43
Joined: Thu Jan 03, 2019 3:37 pm

Re: Fencing Green Belt Land

Post by Paddock » Thu Nov 21, 2019 7:05 pm

if you own it, you can fence it. imho.

I had a similar case. Mine was allowed to become 'domestic cartilage' without much hassle. I had already been fencing it for a few years.

Is there some specific reason why you were not allowed to convert your bit to 'domestic'?

Paddock

mr sheen
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Joined: Fri Feb 27, 2009 2:33 pm

Re: Fencing Green Belt Land

Post by mr sheen » Thu Nov 21, 2019 8:23 pm

Paddock wrote:
Thu Nov 21, 2019 7:05 pm
if you own it, you can fence it. imho.

I had a similar case. Mine was allowed to become 'domestic cartilage' without much hassle. I had already been fencing it for a few years.

Is there some specific reason why you were not allowed to convert your bit to 'domestic'?

Paddock
There are reasons one will meet with problems if one fences land that one theoretically owns. Land designated as ’highway’ is often aggressively protected by Local Authorities and people who fence it off on the basis that they ‘own‘ it soon attract the attention of enforcement teams.

Open plan developments, however, often end up with individual properties and bits of land being fenced off with little to zero interest from LA.

BaileyBoo
Posts: 5
Joined: Mon Nov 11, 2019 8:44 pm

Re: Fencing Green Belt Land

Post by BaileyBoo » Fri Nov 22, 2019 3:37 pm

Hi

Unfortunately the land I have purchased is classed as green belt but don’t know what specific class it is and it wasn’t identified as green belt when I bought it, but that’s my fault for not looking into it enough.

The council have rejected the application to convert to a domestic garden (we talking about 30m2) on the basis that my garden is big enough already.
I could appeal but the advice was ‘it would be pointless’.

The land is not near a highway, is not and was not public land and it was not maintained at all, just left to grow weeds and currently a breeding ground for rats.

Just want to mark my boundary without the council taking enforcement action.

MacadamB53
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Re: Fencing Green Belt Land

Post by MacadamB53 » Fri Nov 22, 2019 3:56 pm

Hi BaileyBoo,

based on your description, you can lawfully erect a fence/wall around that land - no more than 2m in height - or plant a hedge.

kind regards, Mac

ukmicky
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Re: Fencing Green Belt Land

Post by ukmicky » Sat Nov 23, 2019 12:27 am

MacadamB53 wrote:
Fri Nov 22, 2019 3:56 pm
Hi BaileyBoo,

based on your description, you can lawfully erect a fence/wall around that land - no more than 2m in height - or plant a hedge.

kind regards, Mac

The OP needs to check that there is no article 4 direction for the area first. Being green belt it is possible development rights have been removed.
Any information provided is not legal advice and you are advised to gain a professional opinion

Paddock
Posts: 43
Joined: Thu Jan 03, 2019 3:37 pm

Re: Fencing Green Belt Land

Post by Paddock » Sun Nov 24, 2019 11:01 am

I was told that before mine was converted to domestic that I could keep the grass down to about a foot high as agricultural. Not sure if this is the 'law'?

A friend bought a house on the edge of a development in Oxfordshire. There were about 6 houses in a row and the developer left what they called a 'bund' or 'bunt' (must be a local term!) of about 3m between the gardens of the houses and the fields behind. I'm unsure of the exact turn of events ( i still dont think the houses even own the land) but about 10 years later all the houses are accessing their bit and maintaining it as bushes and small trees to keep it from becoming total jungle. Nobody seems to care!

Regards

Paddock

arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Fencing Green Belt Land

Post by arborlad » Mon Nov 25, 2019 8:57 am

BaileyBoo wrote:
Wed Nov 20, 2019 8:19 am
Dear all,

I'm looking for some advice, guidance as to what I can and can't to to mark my boundary around a very small piece of land I own that is green belt land adjacent to my domestic garden.
The local council have rejected my application to convert this land into a domestic garden.



What currently separates this land from land that you do not own? If you are in a Conservation Area or AONB the council may have some guidelines or stipulations regarding size and type of boundary feature that you can have.

Irrespective of any land designation, you are entitled - encouraged even - to define the limit of your land.
arborlad

smile...it confuses people

BaileyBoo
Posts: 5
Joined: Mon Nov 11, 2019 8:44 pm

Re: Fencing Green Belt Land

Post by BaileyBoo » Mon Nov 25, 2019 6:43 pm

Hi

What currently separates this land from land that you do not own? Nothing at the moment, its just overgrown with weeds.

If you are in a Conservation Area or AONB the council may have some guidelines or stipulations regarding size and type of boundary feature that you can have. - Not in a conservation area either and council very unhelpful

arborlad
Posts: 8435
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Fencing Green Belt Land

Post by arborlad » Tue Nov 26, 2019 8:49 am

BaileyBoo wrote:
Mon Nov 25, 2019 6:43 pm
Hi

What currently separates this land from land that you do not own? Nothing at the moment, its just overgrown with weeds.



That can't continue, are there others in the same position, how have they dealt with it?

Changing the use of land is not the same as defining the limit of that land - are you sure you're not overthinking this?
arborlad

smile...it confuses people

pepper pot
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Joined: Thu Nov 07, 2019 11:48 am

Re: Fencing Green Belt Land

Post by pepper pot » Tue Nov 26, 2019 1:30 pm

A few timber or metal posts at 1mt high, and a bit of wire fencing. If nobody moans, you can up grade the fence in a couple of years. Chop the weeds, and the scrub down. What you can not do, is stick a swing, and a slide on it.

BaileyBoo
Posts: 5
Joined: Mon Nov 11, 2019 8:44 pm

Re: Fencing Green Belt Land

Post by BaileyBoo » Tue Nov 26, 2019 5:04 pm

Hi Arborlad

"That can't continue, are there others in the same position, how have they dealt with it?"

There is one other neighbor that has purchased some to the land....they are currently waiting for me to do something....looks like I'm the guinea pig!

BaileyBoo
Posts: 5
Joined: Mon Nov 11, 2019 8:44 pm

Re: Fencing Green Belt Land

Post by BaileyBoo » Tue Nov 26, 2019 5:07 pm

Hi Pepperpot

I have decided to put in a post and rail fence in...as you say it can be upgraded in future.

Don't need a swing or slide....I'm a bit too big for one (but not too old) ;-D

Planning on clearing the land and then just 'sitting on it' and see what happens.

Xxx

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