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Planning Regulations & your
Garden.
Walls, fences, hedges, trees, swimming
pools, garden ponds, gates driveways, patios, sheds, summer houses,
tennis courts, greenhouses, dog kennels.
Where do you stand? You may be surprised -
especially if you own a flat!
Fences walls, trees,
hedges & gates
Planning permission is required if..............
- Your House is a listed building.
- If the fence, wall or gate, is next to a highway
used for vehicles (a footpath is part of the highway) - over
1m height requires permission.
- Where it is not next to a highway, any fence gate
or wall over 2m will require permission.
- Hedges or trees - to whatever height - do not
require planning permission! (Even if they are next to a highway.)
You will need to check that there were or are no restrictions on
your property though: such as those that apply to 'open plan'
estates.
- There are
restrictions however under the 1980 highways act
>>>>>
- Highways
act 1980 - summary
- Section 136.
The Highways Authority may request a court order
for pruning, if the highway is being damaged by
the exclusion of the sun due to a hedge or tree.
Section 138. It is an offence to plant a
hedge without the Highways Authorities
permission.
Section 141. It is an offence to plant a
tree within 15ft of the centre of the
carriageway. This is subject to S64, S96 and
S142.
Section 142. The Highways Authority may
grant a license to a member of the public
allowing them to plant and maintain vegetation
near the highway.
Section 154. The Highways Authority may
serve a notice requiring the pruning of
vegetation which obstructs the passage of
vehicles, the view of drivers, the light from a
street lamp, etc to be cut. This section also
covers the ordering of the removal of dangerous
trees which may threaten the users of the road.
The work should be carried out within 14 days.
Patios & Driveways & Garden
Buildings/Structures
If you live in a house! (There are different
rules for flats and maisonettes)
- If you live in a house, there are no planning
restrictions for any size area of patio or other hard standing -
providing that it is for 'domestic' purposes. You can concrete the
whole lot over if you want.
- However, if you build a new driveway which will
cross a pavement or verge, then you will need the permission of your
council's Highways Department.
- You will also need Highways Dept. permission
and possibly planning permission if you wish to make a new or wider
access onto a trunk or other classified road.
- You do not need Planning Permission for a garden
shed or summer house **
- or a swimming pool **
- or tennis courts **
- or greenhouse **
- or sauna cabin **
- or dog's kennel or other animal enclosure!
**
- or a garden pond **
- You will need permission for a domestic oil
storage tank - or other such container - if the capacity is more
than 3,500L. or if it is more than 3m high.
(**Restrictions to the
above)
- A building or other structure must not be nearer to
any highway, than the nearest part of the 'house'. (Unless the
'structure' is more than 20m from that highway incl. bridleways,
footpaths and byways.) Otherwise, a planning application is
necessary.
- If more than half of the area of land around the
'house' is covered by the structure, then it will require
planning consent
- If the structure is used for any commercial use
whatever - including parking a commercial vehicle - then
planning consent must be obtained.
- If the shed or structure is more than 3m high
(4m for a ridged roof) you will need permission.
- If the 'house is a listed
property you will need planning consent.
Flats & Maisonettes
(I didn't make these rules - complain to the government!)
You
will
need planning permission
for....
- Any garage, any garden shed, or any
greenhouse!
- Any hard standing - such as a
patio!
- Any wall or fence
- Any other work that would
materially alter the appearance of your flat or maisonette.
General
Consult with your neighbours before
you start any work. They do have rights - even if planning
permission is not required for your own particular project. For
instance, there is a legal right to light in some
circumstances. There must be a moral right to light in all
circumstances. Go and have a cup of coffee: Talk it over first.
The planning
consent procedure can take up to 8 weeks - sometimes more!
The Planning Department of your local council will require 'an
application' together with some fairly detailed plans (Oh, and a fee!)
They will write to your neighbours about your application, and will also
publish your application in the local press. It is always a good idea to
consult with your planning department, before drawing up any plans.
Local councils are usually quite helpful these days. It depends upon the
individual of course. But then doesn't everything?
NB.
These are guidelines based upon our interpretation of the various
planning regulations. I hate to say this but, DO CONSULT A LAWYER if in
any doubt! |
