Would our neighbour need planning permission? (Diagram included!)

[SleepFreeZone]

We have a new neighbour who is making all sorts of changes to the house. He has just jumped out on DP to say he wants to build a door in the side of his garage and run the existing fence along his property line up to the end of the new door.

DP suggested he would need permission for this as in the deeds it stipulates you can’t have fencing extending to the front as it has to stay in keeping with the other properties in the road. I’m also not sure you can just stick a door into a wall wherever you fancy particularly if it’s a wall that’s overlooked. I’m not sure though!

I’ve included a diagram. Also if he just starts doing it regardless who would I contact to make sure it was allowed?

Thank you

I’m not sure really.. I would ring your local councils planning offices and ask. Every area is so different over these types of things! I wouldn’t think the door would be a problem to be honest but the extension of the fence may be.

If he sticks a door in the side a fence would be preferable to hide it as they are constantly walking back and forth as it is along the path. I know there are rules regarding windows on the side of these houses. They have to be opaque as it’s a privacy issue. All the windows and door are primarily on the front and back.

It is probably a covenant rather than a planning condition about the fence, so depending on how recent it is he may need permission from whoever else the covenant is between. If he is changing use of the garage to a habitable space he might need pp, although if it is within permitted development rights he may only need buildings regulations approval.

Ownership rights and issues do not fall within the scope of Planning legislation, simple as that.

Breaches of restrictive covenants have to be enforced in a court of law (and restrictive covenants have to be 'in favour' of someone, so they can only be enforced by the person they benefit).

Assuming that there are no other complications, such as Permitted Development rights having been withdrawn, or either of the properties being listed, your neighbour is within their Planning rights to construct a fence or wall up to 2.0m high, generally, or 1.0m high next to a highway.

See link here:
www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

Planning permission and deeds are different things.
Councils don't check deeds for details, they just have standard Council policies.

The council might object if he wanted to extend fence beyond front edge of garage, but might be ok with him enclosing that strip of land of his beside the garage.
I'm not sure who or what can enforce what it says in the deeds

I understand. The more I think about it the more I think it could actually be a good thing for him to do as we could plant some greenery in front of the fence our side and we’d actially have more privacy not less. At the moment we can see them marching back and forth while we are sitting trying to relax in the living room and he can see straight into our front room