Boundary/fencing question

[24lemons]

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;

[24lemons]

Mandat said:

Fence it off and see if anyone complains.

I could but we have been quoted £2000 to fence it so I want to be sure before I do anything.

[24lemons]

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.

[24lemons]

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.

[24lemons]

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]

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]

I'll take some pics when I'm home at the weekend. I don't have anything other than the plans that I posted above.

[24lemons]

Our solicitor has confirmed that there are no restrictions relating to us fencing that piece of land. The local planners have confirmed that we don't need planning permission for a 6ft fence. Sounds like we are good to go.

[24lemons]

We aren't putting any fence along the front boundary with the pavement or road. The footpath is ok to have 6ft fence along it according to the lady I spoke to