permitted development hardstanding

The planning and highways legislation have different provisions and to apply the provisions of one to the other is not appropriate. As each situation is different there is no common standard for setback distance that may be deduced from cases. Therefore where walls or fences are to be built across a slope, a median has to be established taking into account ground that may subsequently have been made up or taken away. NH. Some building projects do not need planning permission. -->, North West Leicestershire District Council Maritime House, Barking with flexible and remote working arrangements possible, Tyler Parkes I am not aware that it has been tested. What do you advise? Can you please clarify the interpretation of "means of access"? I am writing having been through this process with a residential side extension under the former General Permitted Development Order and with a legal opinion. This means that a specific planning application is not needed if your project falls within one of the categories set out in the GPDO and meets all the conditions laid down. Leicestershire, Leicestershire County Council My attention has been drawn to an appeal decision from Dunfermline in 1989 (DCS No: 45885122) in which the inspector held that it should be taken from whichever side of the wall is the higher. Would it be reasonable to refuse a lawful development certificate for an access solely on highway safety grounds, such as the access being too close to a junction? I would, however, suggest you contact the planning authority concerned and see if they think permission is necessary. At appeal, as per the advice in Circular 9/95 paragraph 36, inspectors have tended to seek to establish the natural ground level at the time the wall or fence was erected and take the height measurement from there. The wall is adjacent to a private metalled road servicing over a dozen properties. From appeal decisions it would seem a highway is any way along which the public has the right to pass and repass, so it could include unadopted roads and private roads used by the public but not a gated road from which the public is excluded. This forum is for Garden Law problems that don't fit into the other categories. It would constitute engineering works requiring express permission. Gating and physical exclusion are irrelevant. A vehicular crossover carried out by a Highway Authority is not, in itself, development by virtue of sec. In-depth news, analysis, appeals, policy & legislation. Common Projects That Might Be Undertaken Under Permitted Development Rights It may be some distance back provided it is close enough to maintain the perceived function of forming a boundary between a highway and a property. What are your thoughts on the matter? The extents of permitted development are set down in the Permitted Development Orders available from the Planning and Building Control Library. This issue is explored in section 4.3442 of Development Control Practice. JW. Inspectors in appeal decisions have not always adopted the criteria you and MB suggest apply. It has always been taken that fence heights are measured from original ground level. The general practice is to measure this from the adjacent natural ground level. The point here is that if not deemed to be "adjacent" to a public highway this fence would be permitted development by virtue of Part 2 of the General Permitted Development Order 1995. Cases where this issue has been considered are examined in Development Control Practice 4.3447. He has replaced the trellis with a more substantial structure for security and privacy reasons. In your case you presumably intend to set the gate back 5 metres from the road so you can stop your car safely to open and close it. Instead, they would fall to be considered under Class A of Part 2, which deals with minor operations. Do you think that the authority is correct in its interpretation? The extent to which this class grants permission for access over land between a residential curtilage and a public highway was considered in Shepherd v SOSETR & Three Rivers DC [1997]. This section deals with the interpretation of the principal provisions of the Statutory Instrument entitled Town and Country Planning (General Permitted Development) Order 1995 - as amended. In order to be permitted development, a proposal must meet all the limitations and conditions under each Class relevant to the proposal. In practice cases have shown that quite long accesses may be allowed by part 2 class B, subject to the broad constraint of the heading of the class as a whole indicating that it only relates to "minor operations". I do, however, realise this can lead to anomalies as RW points out – an inappropriate front extension can look just as ugly adjacent to a private road as a public one even if it might not need planning permission. West Midlands Region, CC Town Planning A 2m high fence has been erected along the front boundary of a neighbouring house, which being over 1m in height would normally require planning permission. Would works carried out by the Highway Authority to drop the kerb amount to development granted permission under Class B of Part 2 of the GPDO, or would they be considered de minimus? In class A of part 2 of schedule 2 of the General Permitted Development Order 1995 dealing with gates, walls, fences, etc, the restriction to 1 metre. If in doubt contact your Local Planning Authority. Even if a verge is found not to be part of the highway the term "adjacent" will be interpreted with some flexibility and set-backs of up to one metre have been accepted. From 1 October 2008 the permitted development rights (see Glossary) that allow householders to pave their front garden with hardstanding without planning permission have changed in order to reduce the impact of this type of development on flooding and on pollution of watercourses. While in some cases natural ground level may not easily be established with any precision, particularly when the wall in question has already been erected on uneven ground, it is reasonable to try and estimate the position before the ground was disturbed. This document provides options for householders to pave their front garden with hardstanding without needing planning permission. Excluding private roads from the definition (by adopting the common law position) may appear relatively harmless in the context of garden fences but this unlocks myriad other permitted development rights. The fact that anyone might be able to pass and repass does not imply or confer a public right. Given its age, has this point of view been contradicted by later decisions or case law? The enlargement, improvement or other alteration of a dwellinghouse. As you say, "adjacent" is not defined in the Order. F. Development consisting of— (a) the provision within the curtilage of a dwellinghouse of a hard surface for any purpose incidental to the enjoyment of the dwellinghouse as such; or (b) the replacement in whole or in part of such a surface. On my side of the wall the top is 2.6m above my house DPC and 2.7m to ground level at its lowest point. So it would seem reasonable that a means of enclosure exceeding 1m in height and located more than 2.4m back from the edge of the highway should not be considered "adjacent". This is to protect any services buried in the ground such as water pipes. MB says that  in the absence of any other definition the common law one  must  apply  unless  the  context  requires  otherwise, so let us consider  the  context - the  Order. Development not permitted. Otherwise, it could mean a road of any length and any width. 336 of the Town and Country Planning Act 1990 states that it "includes any means of access, whether private or public, for vehicles or for foot passengers, and includes a street". Permitted development. I want to erect a gate just under 2 metres high across my drive set back 2 metres from the pavement edge, 5 metres from the carriageway. I have not been able to find an appeal addressing this issue. Your local planning department should be able to tell you whether or not you’ve got permitted development rights, but generally speaking, if your house has got permitted development rights, then you should be able to build small stables without requiring planning permission. To find an accurate consultancy quote, explore Studio Charrette's calculators. PM. The access is required as part of this work and is permitted development. This instrument consolidates with amendments, in relation to England, the Town and Country Planning (General Permitted Development) Order 1995 and subsequent amending instruments and revokes in relation to England the instruments listed in Schedule 4. Use our partner directories from RIBA, FMB, or RTPI to find an architect, builder or planning consultant to help with your project or development. An addition or extension to your house* is generally considered to be permitted development. A lower wall of less than one metre located in front of the one in contention was disregarded as a decorative and subservient feature. I consider this needs permission as it is not required in connection with a development permitted by another part of schedule 2 as the hardstanding already exists. Any other work such as fences, walls and gates or a dropped kerb may require planning permission. An existing fence of 1.5 metres, adjacent to a highway, was removed and replaced with a fence of similar height. The inspector felt that this bed was a feature of some substance in its own right separating the fence from the footway. The General Permitted Development Order (GPDO) allows for driveways to be laid on many homes without the need for any planning. Recent amendments to Permitted Development legislation include changes which extend the rights for new and existing schools. When a boundary fence has been erected in the middle of a shallow stream running along the boundary between two domestic gardens could you advise whether the natural ground level for the purpose of measuring the height of the fence and supporting posts is the bed of the stream where the posts are concreted in, or the bankside adjacent to the stream. However, as noted by the inspector in his decision, Sec. Advertisement Your work will be a householder development if it’s for: an extension to a dwelling, outbuilding or other development within the garden, not a new house ; a garage; roof alterations; crossovers (dropped kerbs) hardstanding (driveways) Householder advice. The main issue revolved around the definition of "means of access". They obviously have not got enough work on. The site is on an agricultural unit of more than 5 ha and we have established that there is no formation of a new planning unit or a material change of use. Presumably a hedge exceeding 1m in height would not be considered "erected or constructed"? A planning consultant may help with the smooth running of your project. Furthermore, there is no requirement in the Order that the work must be carried out simultaneously. An LDC case determined last year (DCS No: 35308549) saw an inspector rule that the replacement of a post and wire fence by a close boarded fence was not permitted development. Our understanding is that prior notification is always required for any works under Part 6 and that as such, if works are carried … Would these still be classed as permitted development under A1 (f), which has a height limit of 12m, or would they be assessed as a means of enclosure under Class A, Part 2, which sets a limit of 2m above ground level? The issue here is that if the roadway is not a "highway", a wall of up to 2 metres in height is permitted development. Is this correct? She has told me that she was advised by the local council that she is entitled to construct a garden wall up to 2m high without consent which she has done taking the datum as her house DPC. Recent appeal cases tend generally to support this view. Although in many circumstances the construction of walls is permitted development under Class A, Part 2, Schedule 2 of the GPDO, to avail of such rights there must be a function of enclosure. The reasons for refusal do not dispute that the formation of the hardstanding itself would be permitted development. A similar view might be taken here, although the circumstances are obviously distinguished by the much shorter distance between the roof slope and the highway. Does this refer to any road or driveway used by vehicles, i.e. Adding an extension to your house Show this section. Lawful development certificates only relate to planning legislation, not other legislation. The development has a significant effect on my property but as an extension rather than as a means of enclosure it is permitted development. Or would this constitute a change of use? As to the service of notices, planning law provides that these shall be served on the owner and occupier of the land or anyone else having an interest in it. This will mean a planning application will be needed for development which normally does not need one. Cases have shown that a fence or wall at the back of a highway verge will be treated as being "adjacent". Policy in Wales may differ. On a strict reading of the law this is a highway used by vehicular traffic. "Original" is defined in the GPDO, but only in the context of a building. This must be without force and as a public right. Sec.336 of the 1990 Act states that "the formation or laying out of a means of access to highways" is an engineering operation and, where this is to a classified road, it is excluded from the permitted development rights provided by Class B Part 2 Schedule 2 of the GPDO. They allow landowners to build, extend, develop… Although there is no indication in the Order as to how the height of walls and fences is to be measured, appeal inspectors have normally taken the view that the natural ground level at the point where the wall or fence is constructed is to be taken as the datum. JH. You are advised to contact your local planning authority. A property fronting onto a classified road has a hard-surfaced front garden and no front wall. M. The erection, extension or alteration of a school, college, university or hospital building. The correct answer was actually given, but then the advice veered off into a mistaken situation which it is important to clear up. In a Yorkshire enforcement appeal case decided by the Secretary of State in 1982, it was concluded that the words "fronts on" must be used in the sense of "faces" and that a Council’s claim that a wall fronted a highway some 33m away was straining the meaning of the term unduly. I think that it is reasonable to view the bed of a stream as the natural ground level, having been created by natural means, and if this is the case then this fence is not permitted development. Permitted development. In addition I would like to know whether any enforcement notice should be served on both neighbours. If you are making a new access into the garden across the footpath you will need to obtain permission from the local council to drop the kerbs and the pavement may need strengthening. Elsewhere around your house there are no restrictions on the area of land which you can cover with hard surfaces at, or near, ground level. RF. This is called 'permitted development'. The reason for this query is the county highway authority has requested that the council refuse certificates for accesses for which they will not grant a highways licence to create the access. Please treat it with respect. Any other work such as fences, walls and gates or a dropped kerb may require planning permission. Casebook recently reported a decision where an inspector decided that a 225m driveway across a field to access a dwelling was permitted development (Planning, 29 September, p22). But please give your opinion on this one: a client’s property is bordered by a public footpath (i.e. Whether, for the purposes of Class B, a roof slope is considered to front onto a highway is a matter of fact and degree and will concern factors such as distance, orientation and the presence of any other buildings in the intervening space. Regarding your query, I think you have almost answered it yourself! Is the formation of a private driveway off an unclassified road to provide access to a proposed hardstanding within a residential curtilage 'permitted development' under Class B, Part 2, Schedule 2 of the GPDO where the land outside the curtilage on which the access is to be formed is adopted open space?

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