Help!!!! Change of Use of Land!!

[Amy Crabtree]

We have a small piece of land at the side of our property which is our land, however, we want to knock down the (extremely) small wall between our back garden and the side lawn, and then put a hedge around the side to extend our garden out. The council have already said they wont grant planning permission for a fence, but they would for a wall, however we have opted to go down the route of putting a hedge in as they have confirmed no planning permission is needed for this and it will cost us thousands for a wall! However, we still need to apply for change of use of the land but everytime we call we get different answers. This time we have been told that we need to provide detailed professional drawings of what we plan to do (a few bushes around the edge on OUR boundary), i dont know where to even start with this. Can anyone advise on what professional would do this as i spoke to 1 landscape gardening company and they were quoting upwards of £10,000!!!!!! I only want to use my garden at the side and make it safe for my littlen and it is seeming impossible at the moment!! I really dont know where to start with it all!!!!! HELP!!!!!!

 

[JohnD]

change of use?

Is it "agricultural land" that you want to turn into housing land?

It could add millions to the price of your plot.

 

[Amy Crabtree]

No lol. Its a little triangle of grass at the side of my house! The total boundary including the front is 30 metres!!!

 

[HERTS P&D]

It does look like common land.

Andy

 

[Amy Crabtree]

Its our land, all that has been confirmed as we have only just bought the property. Theres no dispute about it being our land. Its just the change of use and depending on who we speak to on what day, what is required for the change of use changes everytime!!

 

[charliegolf]

Is this a 'curtilage' question? Only half of my land is within the curtilage of my house. I pretty much do what I want with it short of building on it. But mine IS already fenced. Did the council release the land way back when, with a covenant concerning 'open spaces'?

 

[Amy Crabtree]

Im sorry, i must sound so thick but i dont understand any of that!! This is our first home and we have never ever dealt woth anything like this. We just thought it would be a case of yes you can put a hedge around pr whatever. The solicitors confirmed it is our land, it is all on the deeds/land registry as our land, other end houses on our estate have the same sort of side land which they have fenced off etc, i can just about work throught the application to change the use from open land to residential (as quoted by the council planning dept), they have not questioned whos land it is, just the use of it. I just dont understand why 1 person now says we need detailed drawings showing the changes as we are not applying for permission to put a hedge in as they have already said we dont need to do that so i dont understand!!! Sorry for sounding extremely dumb!!!

 

[wessex101]

Without getting bogged down in the complexities it looks like amenity land. It can be privately owned but provides "amenity" to the estate, that could be it just makes the estate look better or provides public space for children to play or people to exercise their dogs. Getting permission to fence such land can be quite difficult although if a neighbour has already got permission that makes it easier.

Plans can be drawn up by an architectural designer but you could probably knock something up yourself as it only really requires a site plan with the relevant area and boundaries marked up. Might be worth getting pre-application planning advice to avoid wasting too much time and money on it if the planners are against it.

 

[Doggit]

If it's your land, and it's on your deeds, then how can it be classified as open land, and who's told you that it is. Technicaly, being you're property, I'd consider it just unfenced. But check what the deeds say, as a property I owned (ex council) said that no fence was allowed, but I put up a 4ft slatted fence, and I can't see anyone trying to take me to court for breaking the deeds. I'd put up a hedge, and then change it for a fence in a couple of years, but as there are other houses with fences, then there's already a precedent set, but you don't want to get them into trouble either.

But you don't need professional plans, whatever anyone says. You could draw the plans yourself, and add a copy of the plans from your deeds to show the boundary. All they want at the end of the day, is to be able to clearly see what you want to do. But I'd think about putting a gate in the existing wall, just in case things go south, and for added security till the hedge is grown sufficiently.

 

[Amy Crabtree]

Thats pretty much what we have said. They wont allow a fence as it is not pleasing to the eye for the rest of the estate (even thought everyone else has fences!!), but the planning officer said there wouldnt be a problem getting planning permission for a 5 or 6ft solid brick wall!! What they have basically said is that because we dont have a gate between the garage and house, we do not have direct access to it so it is currently classed as open land. Had we have knocked a gate into the wall prior to all this i dont think there would have been asecond glance from them at it!! Just wanted to do.it right before spending all the money on doing it!!! The dogs love our patch of grass, its just a shame that the dog owners think it is ok to leave their doings behind!!! Spend more time picking everyone elses dog muck up than i do my own dogs!!!

 

[Doggit]

But as the application hasn't gone in yet, what's to stop you putting in the gate first. You could put up a low 1 foot trellis to deter the dog owners first, and then do things by stages. Did the planners make any comment about the others fences nearby.

 

[Amy Crabtree]

Just that they couldnt comment on others!! Im worried that all my questions etc will have been noted against our property and we will get 1 person on a bad day at work that will think we have taken liberties and refuse the change of use! If that makes sense. Thats normally how our luck works!! If we didnt have bad luck we would have none hahaha!!!

 

[Doggit]

But if they'll allow a hedge, then you've got a fall back poition. And if you go and discuss it with them, and explain the issues you're up against, and the fact that other properties have enclosed their "open land", then you might get a bit of help negotiating your way through the quagmire. Just ask them for some advice - you haven't got to take it, but it may be what you want.

 

[Amy Crabtree]

Thank you for your advice. I really do appreciate it. I spent all day friday waiting in reception with an advisor diving in and out, finally thought i had got somewhere, then i made another quick enquiry with them today and got totally different answers to everything i thought we had sorted!! Alls i get told is submit the planning application and we will see so.i think that is the only thing to do at a risk of wasting £400!! I can see why the previous vendors didnt bother!!! But then, why shouldnt we be able to enjoy our garden!!! Im trying to not get stressed anout it as that wont change anything!!

 

[Doggit]

Just go for the hedge, and the gate in the wall; then apply for planning permission when the hedge has grown.