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Non-motoring legal advice / Replace boundary wall with fence
« on: August 05, 2025, 11:51:01 am »
Short version
Is there any easy way to get a written declaration of "you can do that under PDR" from my planning authority other than by submitting a full formal planning application.
TLDR;
To the right of my (freehold) property is a gravelled path leading past my garden. This is on my lsnd.
It has eventual exits to my neighbours back gate, a seperate part of the estate and a parking area, these latter two were screwed shut by somebody years ago. (These exits and the path leading to them are not my land).
The estate is about 17 years old. There is a mix of leasehold apartments and freehold properties and a management company managing common areas.
At the right side of the path is a 1.8m wall and it is not in great condition. A 6m section requires replacement.
I would like to replace this with a fence (few hundred quid not £5k).
From a planning perspective it would be permissable under PDR, unless restricted.
There is an outline application for the entire scheme (190 properties) and some applications related to reserved matters. None of these appear (not yet completed all the documents) to relate to boundary structures in any way or mandate rebuild in the same style.
The authority produce some mapinfo data for Article 4 directions, but on android I haven't been able to find out a method of viewing it to see if I am in an affected area.
Is there any reasonable way I can ascertain whether I have PDR for it other than by submitting a formal planning application.
The management Co have indicated they are amenable subject to a written declaration of some form of "it's ok" from the council, and my neighbour (no problem). What I am uncertain is whether they have any right to that.
From the transfer document, agreements and declarations.
"All boundary walls and fences in respect of which an inward "T" ......... be used repaired and maintained as such ........"
The wall in question is not T marked on the plan accompanying the transfer document as filed as LR. My 3 garden fences are and the extension of the right hand as boundary where the wall is seems to imply my responsibility, potentially allowing the management to insist it was rebuilt as brick.
Within my covenants "not to"
"Add to or alter any building on the Property in any way so as to affect substantially the external appearance thereof" (I believe not in this context).
The wall is on the thick red line edging my property. Does the lack of T marks, given their presence on my fences imply it is not my wall anyway ?
The marking on the passageway itself states
"land transferred to the plot indicated but maintained by all users". It is not clear to me whether this ends at the wall (and the wall is on my land) or it ends the far side of the wall.
Were the management co not in place my inclination would be to assume I had PDR and just go ahead and fence, I am unsure how to get the planning authority to state it is permissable without submitting a formal planning application.
Any suggestion as to how I might proceed.
Is there any easy way to get a written declaration of "you can do that under PDR" from my planning authority other than by submitting a full formal planning application.
TLDR;
To the right of my (freehold) property is a gravelled path leading past my garden. This is on my lsnd.
It has eventual exits to my neighbours back gate, a seperate part of the estate and a parking area, these latter two were screwed shut by somebody years ago. (These exits and the path leading to them are not my land).
The estate is about 17 years old. There is a mix of leasehold apartments and freehold properties and a management company managing common areas.
At the right side of the path is a 1.8m wall and it is not in great condition. A 6m section requires replacement.
I would like to replace this with a fence (few hundred quid not £5k).
From a planning perspective it would be permissable under PDR, unless restricted.
There is an outline application for the entire scheme (190 properties) and some applications related to reserved matters. None of these appear (not yet completed all the documents) to relate to boundary structures in any way or mandate rebuild in the same style.
The authority produce some mapinfo data for Article 4 directions, but on android I haven't been able to find out a method of viewing it to see if I am in an affected area.
Is there any reasonable way I can ascertain whether I have PDR for it other than by submitting a formal planning application.
The management Co have indicated they are amenable subject to a written declaration of some form of "it's ok" from the council, and my neighbour (no problem). What I am uncertain is whether they have any right to that.
From the transfer document, agreements and declarations.
"All boundary walls and fences in respect of which an inward "T" ......... be used repaired and maintained as such ........"
The wall in question is not T marked on the plan accompanying the transfer document as filed as LR. My 3 garden fences are and the extension of the right hand as boundary where the wall is seems to imply my responsibility, potentially allowing the management to insist it was rebuilt as brick.
Within my covenants "not to"
"Add to or alter any building on the Property in any way so as to affect substantially the external appearance thereof" (I believe not in this context).
The wall is on the thick red line edging my property. Does the lack of T marks, given their presence on my fences imply it is not my wall anyway ?
The marking on the passageway itself states
"land transferred to the plot indicated but maintained by all users". It is not clear to me whether this ends at the wall (and the wall is on my land) or it ends the far side of the wall.
Were the management co not in place my inclination would be to assume I had PDR and just go ahead and fence, I am unsure how to get the planning authority to state it is permissable without submitting a formal planning application.
Any suggestion as to how I might proceed.