Legality of moving a boundary wall

[Suffolk-Matt]

I have a friend who is in need of some advice regarding the wall surrounding their garden.

 

They live in a cul-de-sac, approx 15 year old properties, they have a 5 ft brick wall around the perimeter of the garden but, on one side, there is also a 6ft wide strip of shrubs which is on their deeds. On the other side of these shrubs is the turning circle for the cul-de-sac. See pic -

 

They would like to remove the wall, and the shrubs, and erect a fence much closer to the roadside. There is no pedestrian footpath.

 

She is under the impression a planning application would be needed?

 

Council dont seem to be very helpful in the matter.

 

 

Any advice I could offer her/them?

 

Red arrow shows current wall line, blue is proposed.

Edited August 25, 2016 by Suffolk-Matt

[Richard 1234]

They need to check if there is any covenants on it as there could be a boundary line fence/wall restriction.

Are they certain it's even theirs?

[Suffolk-Matt]

They need to check if there is any covenants on it as there could be a boundary line fence/wall restriction.

Are they certain it's even theirs?

 

They believe so, this was backed up by the council.

[Luckyeleven]

I'm pretty sure you cant have a fence more than 1m high within 1m of a public highway

[Ian Leach]

You will require planning permission for any new fence, gate or wall over 2m in height. This will normally include the addition of trellis panels on top of an existing fence if this takes the overall height to above 2m. This may technically also include the addition of wires and brackets to carry a climbing shrub, although this can sometimes be open to interpretation

You do not require planning permission to grow a thorny plant along the top of your 2m fence (providing there are no support structures over 2 metres) unless there are covenants or restrictions. Check with your local planning authority

If the new fence or wall borders or adjoins a public highway used for vehicles you may need planning permission if it is higher than 1 metre

If you live in an area, which has open planned front gardens there is likely to be a covenant restricting the erection of any fence or hedge to the front of the dwelling and you must therefore refer to the local planning authority before you carry out any work

If you live in a listed building or your property borders a listed building then you may need planning permission before you carry out any work on your boundary fence or wall

You do not normally need planning permission to plant a hedge, but you should check with the local planning authority first as you will have responsibilities to maintain the hedge so that it does not cause a nuisance to others.

Before you carry out any work on your boundaries do check with the local planning authority first to see if there are any restrictions or if you need planning permission.

[peatff]

They should be cutting the shrubs back to their boundary if they are on their deeds as they are encroaching on the road. A lot of time the council will relinquish their right to something like this to save them the trouble of maintaining it. Check it is not a ransom strip with a covenant on it and that it doesn't have services which they will be accepting responsibility for if they adopt it.

[Ilnumero]

You can check your deeds at Land Registry online anytime for £3 and download a copy of your title plan. If you are certain that the strip is owned by you, fence it off immediately.

 

I'm just going through this process myself, reclaiming a strip that an adjoining property encroached on many years ago. The property is let out so there's no emotion involved on my part. As I mentioned, you need to be absolutely certain the land is on your deeds and you have no problem, however much the neighbours may whinge.

 

You can get Land Registry to check the exact boundary line, as the thickness of a line on a title map can equate to 800mm in reality.

 

It looks from the photo that it may be a private road; is it adopted by the council? If not, then the 2m height ruling doesn't apply as it's private land. However, a 2m fence is usually high enough for most purposes.

[Suffolk-Matt]

Many thanks for the replies.

 

Ill send them a direct link to this thread for a read, I think everything has been covered.

 

May well be back with further questions.

[Bath_tree_man]

Land Registry plans are not definitive - they would need to check the plans on the deeds, and even then these can be interpreted in light of physical boundary features on the ground. That said, in a well planned estate as this appears to be, you would expect the plans to be pretty good (particularly if the estate is not v old). Also worth checking if there's an estate/residents management company responsible for maintaining borders/landscaped areas etc. Maintenance over a long period can be a good indicator of ownership.

[Beardie]

Might be an idea to check the location of services. You don't want to bash a fencepost through the electric cable or water pipe.