Planning consent conditions. Do they ever become unenforceable?

[ajlelectronics]

These conditions are unrealistic in my opinion and just remove a good part of the potential driveway. Waiting on my solicitor to give me a verdict, but would be interested in the general consensus of opinion.

I don't believe that the conditions really enhance road safety as much as they may have done in 1973 and would like to get rid of the 45 degree sight line and put up a 6' fence. There is already a 4ft tatty fence up that has been there a while.

 

[8ob]

That breach of legislation has obviously been running in excess of ten years without enforcement so becomes and established use as is. In the interest of safety it makes sense to be able to have the full sightlines and get the car off the carriageway without stopping to open a gate but not always possible.Dont think I would lose any sleep over that one.

Bob

 

[bigegg]

Is it a national speed limit road?


Legally speaking, if it was me, I'd just do it, BUT:
You might want to consider that not all council employees are jobsworths, and might have a point.
It might be safe for *you* but might be unsafe for visitors.
Nobody wants their friends killed in a preventable crash.

 

[frank horton]

8ob is quite right,......... if it were mine the last 2 fence panels either side of the drive I'd move further into the property alowing better vis.......or u could buy a 4x4 or a people mover (SUV) to look over the fence........or just make a longer pull in........
frank.......

 

[pedrobedro]

That's the standard requirements for a drive entry nowadays. There was one locally where the house had a driveway for years and they sold part of the garden to be built on. The council had them alter the drive to the specifications in your letter before they would allow development, the road is a 30 limit in a more built up area than in your picture.

 

[Gritineye]

This applies to entrance gates, to allow you to get your car off road before opening them. I would think if you don't fit any gates no problem, just angle the fence back a bit to give you adequate view.

 

[Gritineye]

My neighbours new gates are in line with the back of his footpath crossing, near a junction, he's fitted electric gates so doesn't have to get out to open them, just press the remote as he approaches. Not sure if this gets round the problem, but planning have been involved with his fencing so maybe it does.

 

[mike os]

Pretty much vanilla requirements for access to a highway these days

 

[R-D-R]

Had a similar situation with our current property we created a pull in before the gates so you can swoop onto the property before the gates are open and importantly can nose out with clear site both ways. We live on a 30mph road but theres a none A&E hospital not far and its the main route for the paramedics so Highways were quite strict we needed clear visibility both ways and must not straddle the boundary whilst waiting for the gates to open. Looking at your pics i would angle the panels inwards to create clear visibility and enough room to pull off the when opening the gates.

 

[armalites]

There are a few things to consider.

Neighbours may be more than happy to see a new fence up up instead of a ratty one. As long as you keep the neighbours happy I'm sure you'll be fine and weekends work will the outside looking 100% better

One thing i would say about a 6' fence is sure it will give some privacy and maybe noise protection but it will also make it look like you've got something to hide. I also think it gives people the chance to be having a look around without anyone seeing them.

As RDR says, it's useful to have somewhere you can pull on to open the gate and for deliveries etc. Losing the 45 degree bit wont really gain you that much usable space.

I know there are a couple mobile camping type communities in Gloucester and if they frequent the area then you need to make it that they can't just drive in so get into the habit of shutting the gate.

I live on a rural main road and as much as much I would like to have been down a quiet lane I think the main road provides a level of security in itself.

 

[ajlelectronics]

Response from the solicitor:

I have had a look at the planning conditions and these do not appear to have a time limit within them. Hence, on the face of it, they would last indefinitely.



It is however possible to have conditions modified with the agreement of the local authority, particularly if the obligation no longer serves a useful purpose or whatever purpose the conditions have can be dealt with by other means within the modifications suggested.



I attach a copy of the relevant section of the Town & Country Planning Act, for your further information.

 

[CompoSimmonite]

When I replaced my fence that fronted the pavement I was told by council that it could be no more than 3' as stipulated in the Town & Country Planning Act. If I wanted higher then a planning application would be required.

 

[addjunkie]

Hawthorn hedge......and I agee being able to pull off the road to open the gates makes complete sense, electric or not.

 

[Kent]

Err, this is via highways and includes a view on safety. Ask and don't do without or they can and do enforce, also consider your long term liability if there is an accident that you could take some blame for. A road death landing you in court could be very unpleasant

 

[R-D-R]

Good advice from @Kent we always seek highways advice nowadays after feeling their wrath by dropping a kerb 10 years ago without consulting and someone notifying them. Its all about safety and impact on the road/users. I have found they are generally sensible and often open to suggestions to work around things where possible.

 

[ajlelectronics]

Thanks for all your interesting comments. I wonder what the chances are of finding a Highways bod who isn't a jobsworth, to have an intelligent conversation about it?

I have various safety improvements in mind, including an electric gate, roadside mirror and possibly some warning beacons along the fence.

 

[Kent]

Thanks for all your interesting comments. I wonder what the chances are of finding a Highways bod who isn't a jobsworth, to have an intelligent conversation about it?

I have various safety improvements in mind, including an electric gate, roadside mirror and possibly some warning beacons along the fence.

If you need those measures sounds like a non starter to me sorry. I do have an amount of experience on this from both sides BTW.