Boundary/fencing question
Discussion
We have just moved into a new build property. Soon after reserving the plot, we were told that the adjacent patch of grass which had originally been designated as part of the public open space, was being added to our property.
We have now completed and moved in and I'd quite like to incorporate it into our back garden if possible. Some people have suggested that I can simply fence it off as it is my land and others have said that I might have to apply for change of use permission, which costs about £350.
Can anyone shed any light about what I can or cant do with this land? I know that I'll have to have a lower fence on the front boundary but that's about it!
This was the plot when we reserved it;
This is the plot now;
We have now completed and moved in and I'd quite like to incorporate it into our back garden if possible. Some people have suggested that I can simply fence it off as it is my land and others have said that I might have to apply for change of use permission, which costs about £350.
Can anyone shed any light about what I can or cant do with this land? I know that I'll have to have a lower fence on the front boundary but that's about it!
This was the plot when we reserved it;
This is the plot now;
24lemons said:
I could but we have been quoted £2000 to fence it so I want to be sure before I do anything.
£2,000? What you fencing it with? How long is the area that needs fencing?Or why not just ask the developer? Now you have it find out why they sold it! Or look at the planning consent, see what that says.
Chrisgr31 said:
£2,000? What you fencing it with? How long is the area that needs fencing?
Or why not just ask the developer? Now you have it find out why they sold it! Or look at the planning consent, see what that says.
Its about 30m. The developer suggested the change of use application but the planning office weren't sure. That's as far as I've got.Or why not just ask the developer? Now you have it find out why they sold it! Or look at the planning consent, see what that says.
Our previous house had something very similar, it was within the boundary of the property but there was a grey area over whether it should be "amenity land" which should be kept open as it formed part of the visual amenity of the estate (or some other wording to that effect).
The council refused to answer the question of what its current designated use without being paid the money with a change of use application so the previous owner had fenced it off fully,
Fast forward 4yrs and we bought the house knowing it was an outstanding question.
Asked the council to clarify its designation and they repeated the "you must submit an application" so we gave up.
2yrs ago we got full planning permission to build on the area and not one query was raised by the council over the use of the land.
So in our experience, they want you to apply, just so they can decide on it. Without an application, I'd be cracking on and treating it as your own and fence it off but I'd be using the open fencing and some nice plantation to provide some screening rather than normal panels. It'll be less intrusive and less likely to have other buyers on the estate questioning it.
What is the land to the bottom of the pic?
The council refused to answer the question of what its current designated use without being paid the money with a change of use application so the previous owner had fenced it off fully,
Fast forward 4yrs and we bought the house knowing it was an outstanding question.
Asked the council to clarify its designation and they repeated the "you must submit an application" so we gave up.
2yrs ago we got full planning permission to build on the area and not one query was raised by the council over the use of the land.
So in our experience, they want you to apply, just so they can decide on it. Without an application, I'd be cracking on and treating it as your own and fence it off but I'd be using the open fencing and some nice plantation to provide some screening rather than normal panels. It'll be less intrusive and less likely to have other buyers on the estate questioning it.
What is the land to the bottom of the pic?
24lemons said:
Sorry for the late reply. The land at the bottom of the picture is and area of woodland which contains protected trees on a migration route. Along the left hand edge is a public footpath.
Put a cheap wire fence up and see what happens. If there is no right of way/access, or there isn't a covenant saying it requires open access I can't see why you couldn't do that.desolate said:
Put a cheap wire fence up and see what happens. If there is no right of way/access, or there isn't a covenant saying it requires open access I can't see why you couldn't do that.
As the estate is still being built (we were the first in at Christmas) I don't want to do anything out of keeping with the look of the place as I'd imagine somebody would have something to say. The sales staff and site managers don't know what to tell me so I'm in limbo at the moment. 24lemons said:
As the estate is still being built (we were the first in at Christmas) I don't want to do anything out of keeping with the look of the place as I'd imagine somebody would have something to say. The sales staff and site managers don't know what to tell me so I'm in limbo at the moment.
If you read your deeds it should say.If you have any doubt you could pay a solicitor to interpret for you, but in general modern deeds are easy to understand.
If you are feeling brave post them on here and I am sure someone will give you an informed opinion.
I'll dig out the deeds when I get home on Friday. The patch of land is bounded by a planted hedge as per the original plans. My intention would be to fence inside the hedge so that from the outside the hedge should soften the impact of the fence. If I am to fence it at all, it needs to be 6ft as i want it to be a bit of a secret garden where we could have a fire pit and BBQ. If we can't put in a 6ft fence I'll probably just leave it as an extension of the front garden.
24lemons said:
I'll dig out the deeds when I get home on Friday. The patch of land is bounded by a planted hedge as per the original plans. My intention would be to fence inside the hedge so that from the outside the hedge should soften the impact of the fence. If I am to fence it at all, it needs to be 6ft as i want it to be a bit of a secret garden where we could have a fire pit and BBQ. If we can't put in a 6ft fence I'll probably just leave it as an extension of the front garden.
If it is already has the correct boundary in place then that is great.The deeds should say if there is a restriction on how you can use the area and a competent solicitor would have pointed this out prior to completion.
Good result for you though!
24lemons said:
The patch of land is bounded by a planted hedge as per the original plans. My intention would be to fence inside the hedge so that from the outside the hedge should soften the impact of the fence.
I think that that is asking for trouble in the future. Put the fence on the outside along your boundary or 4" in and let the hedge grow through it. If it's sheep netting it'll disappear from view in no time.You also need clarification on the tree that you've suddenly gained... i.e. it's over a footpath so it's now your responsibility to ensure it is kept in a decent condition?
Can you post any photos of the site? From what you've described i'd be putting some split rail fencing around the outside, i doubt anyone would complain if there's already bushes there but it would keep a clear boundary for any use in the future.
Can you post any photos of the site? From what you've described i'd be putting some split rail fencing around the outside, i doubt anyone would complain if there's already bushes there but it would keep a clear boundary for any use in the future.
I can never understand why planning authorities do this. It was the same on the estate where we used to live. Neighbour fenced of an area that was marked as P.O.S. on all the plans, and designated as such in the application docs.
All the areas of POS were subsequently subsumed into the boundaries of the adjoining properties. Seems like a waste of time on the 1st place.
All the areas of POS were subsequently subsumed into the boundaries of the adjoining properties. Seems like a waste of time on the 1st place.
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