Sign post in front of my gate
Sign post in front of my gate
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No ideas for a name

Original Poster:

2,994 posts

110 months

Friday 16th July 2021
quotequote all
Hi guys,
quick question, probably for the highways/planning experts...

A crew turned up today to add a 'end of cycleway' sign on a post in the pavement - this is after completing a Zebra crossing some months ago.

The issue is, the post is a) between two of our trees which will therefore need cutting back. These trees do overhang the footpath but above head height, and don't overhand the roadway.
and more importantly, b) it will be in the middle of our wall where a gate is about to be added*.

The signage wasn't on the planning application/drawings for the crossing when published... the contractor's drawings I have seen today have been updated with the new post a month or so ago. Guys have gone away for today as they couldn't get hold of anyone at the council to discuss moving it back or forwards a bit.

Important subtlety is that the gate does not presently exist! It was however on the original plans submitted when the house was modified back in the late 80's. I believe it existed before that - probably from around 1880, and it was my intention to reinstate this ped gate to the footway.

Since it was on the plans when the house was modified, do we still have permission to reinstate the gate?

Chances are the guy will be back with permission for the sign to be moved forwards or backwards a bit and therefore not a problem.
However, is it possible to get a certificate of lawfulness for the gate, or should I just make the break through on the wall now?

The instalation was genuinely imminent... the cut points are already marked up in chalk on the back of the wall.

Adding a new gate with a post directly in front of it wouldn't be a good look!


blueg33

44,973 posts

248 months

Friday 16th July 2021
quotequote all
I am pretty sure that if the gate was on a planning consent where other works in the consent have been started then the consent for the gate stands.

However, I would call a planning consultant......... Equus are you about?

Equus = not a planning consultant but will know every nuance in this type of circumstance

No ideas for a name

Original Poster:

2,994 posts

110 months

Friday 16th July 2021
quotequote all
Thanks for the reply..

I have emailed the local planning guys at the council too in order to see what process they recommend. I am hoping I don't need to make another application or even apply for a certificate of lawfulness as that is a couple of hundred pound before we start.

Equus' opinion would be most welcome!



PhilboSE

5,786 posts

250 months

Friday 16th July 2021
quotequote all
No ideas for a name said:
However, is it possible to get a certificate of lawfulness for the gate
Not by tomorrow!

No ideas for a name

Original Poster:

2,994 posts

110 months

Tuesday 20th July 2021
quotequote all
I emailed the Council for advice.....
As I read this, as long as the gate is less than 1m high, then we are good to go and reinstate.
To be 100%, I would have to apply for a certificate of lawfulness which costs about £200




Thank you for your query.

From the information submitted, the duty officer has made the following, informal comments:

A new or re-instated pedestrian gate in this location (facing a highway) will a need planning permission if it or any part of it exceeds 1m in height. A gate of 1m high or under facing a highway boundary is generally classed as permitted development. (For ref, if the gate was to serve a new vehicular access, then planning permission would be required for the access as it is onto a classified road).

Th council does not give informal permitted development advice, therefore , if you consider you gate is permitted development ,and you wish a formal assessment of this, then the formal way to establish this is to submit a lawful development certificate for a proposed development.

Details of planning application forms, guidance etc can be found on our website .