Neighbour objecting to new wall

[seasidegirl1]

We live in a rural lane and want to build a 1m wall in front of the house where there is currently a rockery. A neighbour has a driveway opposite and says he will oppose this as it means he will struggle to get large delivery lorries up and down his drive. He has previously complained to Highways about our rockery saying it is dangerous - it has been there for many years. If the council receive a complaint when we put in planning permission will they automatically refuse permission and can he rely on driving over our rockery to get lorries in and out of his drive?

If it's within the boundary of your property how can he complain about it at all?

What is his complaint about the rockery? How is it dangerous? Is there some reason he should have right of access over your property?

A 1m wall is not going to be unsightly or block any views and I'm not sure but I don't believe he should be able to block it because he needs your property to be an extension of the road for his lorries.

I'm sure someone more knowledgeable than I will certainly be along with some helpful advice!

The council will decide if he has any actual legal grounds for saying they should refuse you permission - the fact that he's whinging about it doesn't automatically mean they will pay any attention. Lots of people complain about planning applications, complaining in itself isn't enough, they have to actually prove what you want to do goes against some rules or principles.

On your own land, you can do more or less what you want. Howeverr it is very common in rural areas, where there is a lane with a verge, for householders to inch out over the verge.

It happens a lot round here.

First they start cultivating the verge, then they turn it into a flowerbed or put big rocks on it painted white, then they build a fence and see if anyone complains, then they build a wall.

I had the pleasure last year of complaining to the highways dept when I saw a householder laying foundations for a garden wall in the grass verge, they sent a rep round to warn him off.

If yours is a similar situation then the neighbour is within his rights to complain. Is it?

If the land is part of the curtilage of the house you should be able to erect a wall or fence up to 1m high between your property and the highway without getting planning consent as it benefits from deemed consent. If it is highways land, though, you will not have this right - so depends where the established 'garden' area of the house is.

As above. If actually on your land then it's part of permitted development. If not then you'll have to see what they say. But if it's the former is he actually seriously saying he has rights of access onto your property?! That is pure flipping cheek.

I think the only valid complaint he could have would be if you built a wall such that fire engines/emergency vehicles would not be able to access his house. Otherwise, it is up to you so long as it is your land you are building on.

Procrastinator - not quite what I put - as you will see that I've mentioned 'in the curtilage' as PD rights are in relation to the land in the curtilage - which is not necessarily all of the land. You might, for instance, have a front wall, but then a verge outside, which is still in the ownership of the house, but outside its effective curtilage - and if you read the requirements to the letter, that land would not be included. However, things will be changing in the UK in October (I hope not this one specifically)

The question of ownership is very important in this one. Depending on the age of the development the council could have added up to 2m on either side of the highway as a service strip. This usually isn't the case with older roads and houses but is generally a requirement for new road adoptions.

If that piece of land is indeed part of the highway then you have to leave it unobstructed by walls, hedges and rocks. If the land is definitely yours then you may still need to check your deeds as covenants are sometimes put in place to keep certain features in place or may restrict how far back you must set any walls (my house for example has a covenant requiring the front garden to be open plan).