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lgb2100

Dividing a 'Shared' Off-road parking bay

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I share a drive (situated between our Garages) with my neighbour.

 

However - As I do not require the use of my drive, (and to prevent others from using it), I intend to place a fence around it, and using the drive space as an extension to my garden.

 

Will I be allowed to do this ?

 

The Shared drive is 15ft wide, and I intend to ensure that the neighbour has at least 7.5ft.

 

Do I have to inform the local council of my intentions ?

 

http://senduit.com/409495

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you need to check your deeds to your property , if its shown as a shared facilty etc, if so you normaly you cant claim exclusive use


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you need to check your deeds to your property , if its shown as a shared facilty etc, if so you normaly you cant claim exclusive use

 

Deeds just shows the boundary outline of our property, which includes part of the drive.

 

When we purchased the house, the description included, house garage, and off-road parking.

 

There is evidence of a fence being there at some point of history, and others in the street have thirs fenced off - see photos http://senduit.com/409495 .

 

(The top photograph actual shows my property, with the neighbours car parked across the drive, preventing anyone from using the drive. His other neighbour has fenced their's off. The second photographs, a few houses down, shows another example)

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Is the roadway in front of the garages adopted? If so, you need to check how far the council have adopted, you can't fence in any part they have, despite it being yours.

 

Other than that, unless there are special covenants on your estate, I think you can normally put up a 3ft fence around the front garden, and 6ft around the back, without planning permission - but that is from memory, so check!

 

I have always found the chaps at planning really helpful, why not give them a ring?

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Is the roadway in front of the garages adopted? If so, you need to check how far the council have adopted, you can't fence in any part they have, despite it being yours.

 

Other than that, unless there are special covenants on your estate, I think you can normally put up a 3ft fence around the front garden, and 6ft around the back, without planning permission - but that is from memory, so check!

 

I have always found the chaps at planning really helpful, why not give them a ring?

 

I sent the council an e-mail a few weeks back, and after no reply, telephoned them. Iwas told that they would take a look. No respmse since.

 

I don't think I've got any problems with fencing the drive off, as others have done this. Only problem will be the neighbour.

 

He uses the 'shared' drive as if he owns it. (Parks right down the centre)

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received a reply from the council - not what I expected.

 

The've only acknowledged that I had contacted them, and will respond within 3 weeks.

 

That'll be up to six weeks, since I orginally contacted them.

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you need to check your deeds to your property , if its shown as a shared facilty etc, if so you normaly you cant claim exclusive use

 

and nor can the neighbour, but thats what he's doing.

 

Almost hit me the other morning - as he was reversing onto the 'shared' drive, crossing over my half - didn't even apologised.

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The council has eventually responded.

 

It appears that I need planning permission (almost £200 cost), as the fence facing the road will be over 1 meter !

 

Less than 1 meter - no planning permission is required.

 

(it seems to suggest, that the dividing fence, however can be 2 meters high).

 

Seems strange, as the existing fence is over 1 meter, but is at the other end of the drive, and was intending to bring it forward to the start of the drive.

 

9 out of 10 houses that uses the back lane, have done this, and checking the planning applications on the council's website - I can find no evidence of anyone requesting planning permission.

 

Has the council made a mistake ?

 

If I reduce the height of the fence, then my property will be less secure before.

 

Even, if I was to applie for Planning Permission, this isn't guaranteed, and I could be out of pocket !

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The council has eventually responded.

 

 

Seems strange, as the existing fence is over 1 meter, but is at the other end of the drive, and was intending to bring it forward to the start of the drive.

 

9 out of 10 houses that uses the back lane, have done this, and checking the planning applications on the council's website - I can find no evidence of anyone requesting planning permission.

 

Has the council made a mistake ?

 

 

Not everyone knows the planning requlations and lets face it if you hadn't asked you would have probably just stuck up a fence without planning permission to. If you put up the fence the worst that would happen is you will get a letter from the Council demanding you take it down or apply for retrospective permission. If you think the neighbour will complain I'd get permission to cover yourself if not I think the Council will have better things to do than check every fence is authorised.

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If your neighbour needs to access his garage wont putting up a fence cause a problem

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If your neighbour needs to access his garage wont putting up a fence cause a problem

 

 

I've attached a sketch. Kotuha.com - Download Doc1

 

What I (No. 3) want to do, is to a 'mirror' of what No. 5 have done.

 

i.e. extend the existing fence that divides me and the neighbour to the start of the drive, and to have gates (6ft tall) attached. The existing small fence/gate will be removed, so basically garden area will become L shaped.

 

(The road provides access to our garages, where you have to enter/exit from the same end (other end of the lane is a dead end, and has just a turning area - no one can park here)

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It would probably be best if you let your neighbour know what you intend to do.

 

I don't think that there are problems with what you suggest. I would perhaps construct in stages and then decide if you do want a higher fence at the front. Normally it's about 1.8metres adjacent to the highway but newer housing developments tend to have lower restrictions.

 

In the interim, you could "reclaim" your part of the driveway by storing materials on there which were of little monetary value. Just make sure they're visible in case your neighbour hits them though!!!!


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Hi Welshmam.

 

Its because of the way the neighbour uses the drive, that I intend to fence it off. (with council approval, but don't see why Planning permission is required).

 

He just plonks his car dead centre of the shared drive. (Never uses his Garage), or sometimes just across the drive (even when theres no cars on the drive) !

 

Just can't understand why the Council wants £150 planning permisison charge, plus £24 for copies of plans.

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Personally I'd just build a low fence without planning permission.


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The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

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Personally I'd just build a low fence without planning permission.

 

That's what I was thinking. But will have to leave my existing Gate/Fence in place as removing it, will leave me less secure.

 

There is evidence at some point that there was a fence in place (not sure how tall).

 

Not sure if this was part of the orginal build of the houses. Its not mentioned of the deeds.

 

If its part of the original build, that'll explain why theres so many properties with fencing in place ( like what I wish to do), and maybe the houses with the 'shared' parking bays removed their fences (in order to get one wider car on the bay, instead of two smaller width cars)

 

The previous owner to my house, didn't remove the fence whilst they owned the property, but I know she used to mive her car off the 'shared' bay before the neighbour returned home.

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Personally I'd just build a low fence without planning permission.

 

Me too Bernie...

 

 

Hi Welshmam.

Just can't understand why the Council wants £150 planning permisison charge, plus £24 for copies of plans.

 

You won't have to apply for planning permission LGB if the height of the fence adjacent to the highway is less than 1 metre.

 

If you're worried about security then you could take a chance at the front by building a wall to the permitted height of 1 metre and then, possibly at a later date, add a fence on top. This doesn't negate the need for planning permission but it would be easier to remove the fence if there were any problems later on.

 

There are a number of properities where I live where fences have been added to the exterior walls to prevent anti-social behaviour and these exceed our council's permitted height of 1.8 metres adjacent to the highway.


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When I was building a couple of houses a couple of years ago, I ran into the 1mtr height restriction on a section of fence because it was deemed to be at the front of the house, even though the houses were built back-to-front and so it was perceived to be on the back garden.

 

There was a hedgerow to one side, over 2mtrs high, and a concrete bus shelter the other which was about 2.5mtrs high and the section of fence I wanted to put in between at a height of 1.8mtrs was about 3mtrs long, but the council said it would need planning permission!

 

What I did was put it in anyway with a rail also at 1mtr height so that if the council complained I could simply run a circular saw along the mid rail and immediately have my 1mtr fence with minimal cost or effort. :)

 

btw, the fence is still at the 1.8mtr height 4 years later. :D

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just took a walk last night, and the 'shared' drives of the other resisdents, all appear to have evidence that there was a dividing fence. These must have been removed years ago, to accomdate wider cars (enabling only one car at a time to be parked on the drive).

 

(Of course they may have been told to remove the fences, due to lack of planning permission)

 

I assume that if you are replacing a tall fence with a new fence, then no planning permission is required, but what about re-instating a fence.

 

in summary, out of 50+ houses in my street (25 backing onto 25 divided by the access road to the garages/drives), there appears to be 3 pairs (6 houses) that have not divided their drives.

 

in neigbouring street, running adjacent - similar situation.

in neigbouring street, running at right angles - - similar situation.

Edited by lgb2100

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after talking to the council, and highlight that 'others' have fences that exceed 1m without Planning permisison, I told them I'd rather extend my Garage (into a double) at a later date - rather than to waste money on planning permisison for a small fence.

 

I was told for extending a Garage - I may not need Planning permission !

 

This will achieve the same result, but rather than have our share of the drive enclosed in our garden - it will be enclosed within the garage.

 

Crazy :confused:

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after talking to the council, and highlight that 'others' have fences that exceed 1m without Planning permisison, I told them I'd rather extend my Garage (into a double) at a later date - rather than to waste money on planning permisison for a small fence.

 

I was told for extending a Garage - I may not need Planning permission !

 

This will achieve the same result, but rather than have our share of the drive enclosed in our garden - it will be enclosed within the garage.

 

Crazy :confused:

 

lol...that's bureaucracy for you!!

 

Yes, there is a certain footprint by which you can extend without planning permission. It's how people manage to erect small conservatories. Not sure how it's calculated...in volume possibly, but your council should have a planning information booklet and it should tell you in there.

 

PS: Forgot to say that even though you may not need planning you may need to get building reg approval for the structure extension...depends upon what you're proposing exactly, but am sure that they will, at the very least, want to check the foundations.

Edited by WelshMam2009

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