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#Post#: 84188--------------------------------------------------
Replace boundary wall with fence
By: slapdash Date: August 5, 2025, 5:51 am
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Short version
Is there any easy way to get a written declaration of "you can
do that under PDR" from my planning authority other than by
submitting a full formal planning application.
TLDR;
To the right of my (freehold) property is a gravelled path
leading past my garden. This is on my lsnd.
It has eventual exits to my neighbours back gate, a seperate
part of the estate and a parking area, these latter two were
screwed shut by somebody years ago. (These exits and the path
leading to them are not my land).
The estate is about 17 years old. There is a mix of leasehold
apartments and freehold properties and a management company
managing common areas.
At the right side of the path is a 1.8m wall and it is not in
great condition. A 6m section requires replacement.
I would like to replace this with a fence (few hundred quid not
£5k).
From a planning perspective it would be permissable under PDR,
unless restricted.
There is an outline application for the entire scheme (190
properties) and some applications related to reserved matters.
None of these appear (not yet completed all the documents) to
relate to boundary structures in any way or mandate rebuild in
the same style.
The authority produce some mapinfo data for Article 4
directions, but on android I haven't been able to find out a
method of viewing it to see if I am in an affected area.
Is there any reasonable way I can ascertain whether I have PDR
for it other than by submitting a formal planning application.
The management Co have indicated they are amenable subject to a
written declaration of some form of "it's ok" from the council,
and my neighbour (no problem). What I am uncertain is whether
they have any right to that.
From the transfer document, agreements and declarations.
"All boundary walls and fences in respect of which an inward "T"
......... be used repaired and maintained as such ........"
The wall in question is not T marked on the plan accompanying
the transfer document as filed as LR. My 3 garden fences are and
the extension of the right hand as boundary where the wall is
seems to imply my responsibility, potentially allowing the
management to insist it was rebuilt as brick.
Within my covenants "not to"
"Add to or alter any building on the Property in any way so as
to affect substantially the external appearance thereof" (I
believe not in this context).
The wall is on the thick red line edging my property. Does the
lack of T marks, given their presence on my fences imply it is
not my wall anyway ?
The marking on the passageway itself states
"land transferred to the plot indicated but maintained by all
users". It is not clear to me whether this ends at the wall (and
the wall is on my land) or it ends the far side of the wall.
Were the management co not in place my inclination would be to
assume I had PDR and just go ahead and fence, I am unsure how to
get the planning authority to state it is permissable without
submitting a formal planning application.
Any suggestion as to how I might proceed.
#Post#: 90963--------------------------------------------------
Re: Replace boundary wall with fence
By: JoCo Date: September 22, 2025, 11:46 am
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HTML https://www.planningportal.co.uk/permission/common-projects/fences-gates-and-garden-walls/planning-permission
HTML https://www.planningportal.co.uk/permission/common-projects/fences-gates-and-garden-walls/planning-permission
Generally you do not need planning permission for a fence / wall
if it is 2m (or less) back or side, or 1m at front.
I live in a conservation area, and even so I didn't need
planning permission to replace fence.
My council have a Pre-application advice service, in their
planning office who will give Written advice for 'do I need
permission' £46.00.
I'm sure your council have similar, if you need to provide
something to management company.
However I'm struggling to see what business it is of the
management company if the structure is on Freehold land and
entirely on your property.
#Post#: 91183--------------------------------------------------
Re: Replace boundary wall with fence
By: Hroogar Date: September 23, 2025, 2:33 pm
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[quote author=JoCo link=topic=7542.msg90963#msg90963
date=1758559590]
I live in a conservation area, and even so I didn't need
planning permission to replace fence.
[/quote]
I would be astounded if some permission was not required. This
may well be the case if you replace 'like with like' but get a
stickler of a Conservation Officer and you could be up the creak
especially with the typical NIMBY's that tend to live in such
areas (of which I would be one...).
You certainly need consent to demolish in a Conservation Area.
It used to be called Conservation Area Consent but this was
abolished in 2013 but mechanisms do still exist.
#Post#: 91239--------------------------------------------------
Re: Replace boundary wall with fence
By: JoCo Date: September 24, 2025, 5:54 am
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[quote author=Hroogar link=topic=7542.msg91183#msg91183
date=1758656008]
[quote author=JoCo link=topic=7542.msg90963#msg90963
date=1758559590]
I live in a conservation area, and even so I didn't need
planning permission to replace fence.
[/quote]
I would be astounded if some permission was not required. This
may well be the case if you replace 'like with like' but get a
stickler of a Conservation Officer and you could be up the creak
especially with the typical NIMBY's that tend to live in such
areas (of which I would be one...).
You certainly need consent to demolish in a Conservation Area.
It used to be called Conservation Area Consent but this was
abolished in 2013 but mechanisms do still exist.
[/quote]
Not that this is relevant to OP but the advice on conservation
area states:
If your development site is in a conservation area, you will
generally need 'planning permission for relevant demolition in a
conservation area' (also commonly known as 'conservation area
consent') to do the following:
Demolish a building with a volume of 115 cubic metres or more.
To demolish any gate, fence, wall or other means of enclosure
with:
a height of one metre or more if next to a highway (including a
public footpath or bridleway), waterway or open space; or
a height of two metres or more elsewhere
HTML https://www.planningportal.co.uk/permission/responsibilities/other-permissions-you-may-require/conservation-areas
HTML https://www.planningportal.co.uk/permission/responsibilities/other-permissions-you-may-require/conservation-areas
So it seems from this language that when demolishing a wall
(below 2m), permission is generally not required, even in
conservation area.
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