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
build a gate in rear garden
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MacadamB53
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Re: build a gate in rear garden
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
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
Re: build a gate in rear garden
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
How to know If i have row and access to the road?
Thank you
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MacadamB53
- Posts: 6671
- Joined: Sun Dec 09, 2012 11:13 pm
- Number of Posts per Page: 100
- Number of topics per page: 50
Re: build a gate in rear garden
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
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
Re: build a gate in rear garden
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.
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.
Re: build a gate in rear garden
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
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