build a gate in rear garden

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Luca
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Joined: Thu Feb 16, 2017 11:19 pm

build a gate in rear garden

Post by Luca » Fri Feb 17, 2017 4:29 pm

Good afternoon, I am new in the Forum.

I have a property with a garden that face out to an unadopted road.(My property address face to another road)
I would like to build a gate in the fence to park the car. My neighbourn already did that but he has no evidence or document that proof his eligibility to access the unadopted road.
In the unadopted road there are two house and some garages of house that face in another road.

I would like to know if I need the plannin application to made the gate and/or I need permission from the people that already use the road to access to houses and garages.

Thank you very much

MacadamB53
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Re: build a gate in rear garden

Post by MacadamB53 » Fri Feb 17, 2017 4:45 pm

Hi Luca,

adding a gate already has planning permission - as per the latest GPDO (aka 'Permitted Development') unless the gate is either greater than 1m in height and adjacent to a highway used by vehicles OR it's within the curtilage of a listed building.

which means that if the public have a right to pass and repass along this unadopted road - which includes any pavements - you'll have to apply for planning permission for a >1m tall gate unless you set it back far enough that it is not deemed "adjacent" to the road/pavement.

hope that makes sense?

Kind regards, Mac

Luca
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Joined: Thu Feb 16, 2017 11:19 pm

Re: build a gate in rear garden

Post by Luca » Fri Feb 17, 2017 5:09 pm

Do I need planning application also If the fence already exist?

How to know If i have row and access to the road?

Thank you

MacadamB53
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Re: build a gate in rear garden

Post by MacadamB53 » Fri Feb 17, 2017 9:19 pm

Hi Luca,

you'll have access to the road the moment you remove some fence.

whether you have a lawful right to drive along the road will depend on:

1. is it a public highway? ask your council
2. is a ROW mentioned in the title register entries for your property? order from HMLR for £3 if you've not got these
3. is there any evidence of previous use? you haven't mentioned there is...

Kind regards, Mac

pilman
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Re: build a gate in rear garden

Post by pilman » Tue Feb 21, 2017 12:47 am

If there is an existing fence then inserting a gate that is no higher than that fence does not require planning permission.

Creating a level area in your garden on which to park also does not require planning permission.

Using a road when you do not have a right of way over, could result in the road owner telling you that you cannot use the road to drive a car over to park on your own land.

Then you could be liable to be sued for trespass if you continued to use the road and the land-owner was prepared to stop you doing that.

You can use the Land Registry web site to find out if there is a registered owner of the road, which will give an indication as to who is the person that controls use of it.

jonahinoz
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Joined: Fri Aug 05, 2011 5:15 pm

Re: build a gate in rear garden

Post by jonahinoz » Wed Feb 22, 2017 8:56 am

Hi,

I agree with the above.

Me? I would remove the back fence, and start parking my car in my garden, see what happens. I would also take photographs on my car in the garden, and a photocopy of that car's V5, to prove that I owned that car on that date ... or even earlier ... and keep them somewhere safe. OK, the evidence could have been generated at a later date, but I can't think of a way round that ... until I sell the car, when I can add the disposal letter from DVLA to the file. I might be taking a gamble if I build a garage until 20 years have elapsed, and an easement has been established.

Because I have a dog, I would build a fence across my garden, 15 to 20 feet from my rear boundary.

Be aware, the lane will never be yours, and is unlikely to ever belong to any of your neighbours. If anybody parks awkward in the lane, you will have no right to tell them to move the obstruction, unless it has obviously been abandoned, in which case tell your council.

John W

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