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Grass verge - planning application?

4 replies

Boredwithlife0 · 04/01/2023 12:40

Beyond our rotting garden fence is a 6ft grass verge and then a v quiet cul de sac road. It’s on the outside of the bend too (which in point as it doesn’t hinder driver visibility). Much of the verge is owned by us and reflected so in our property deeds. We mow the grass periodically and the council doesn’t touch it. Some neighbours have the same but filled theirs in with shrubbery, or 10ft conifers.

We want to replace the old fence with a new stronger one slightly further out, adopting our portion of the verge into our teeny garden. Not the entire verge will be lost - only about half of the depth.

The local planning department has been typically unhelpful saying ‘it is likely you would need a change of use application from amenity to residential… if you proceed without, it would be at your own risk’. The original online application links they sent made no mention of changing use of ‘amenity’ land and were unusable so they’ve given us a generic paper planning application form instead. There’s no reference to this kind of land on the form either, and the national Use Classes as updated 1/9/2020 has no category for amenity nor one which a random grass strip might fall into. The standard guidance on the planning portal also says not all changes in use require permission. So we’re reluctant to spend £400+ fee (maybe need drawings prepared at extra cost too) and wait months on an application we possibly don’t need. The fee varies on the type of change so that in itself is unclear.

It is our land and nobody else would have any purpose to object. You can bet some busybody neighbour would look into whether we had permission though and alert the council. It’s not even used for parking and there are no services running underneath. For scale it’s around 4ft x 30ft. Happy to pay if we absolutely do need to as the extra space would be so useful to us.

Anyone been through this or can offer guidance please? What class of land even is this?

OP posts:
CaitoftheCantii · 04/01/2023 12:54

Land outside of a fence/hedge enclosing a garden would need planning permission to be included into your garden - I’d argue it currently would be ‘highway’ land as it adjoins a road. Double check with the Highways Authority whether the land shows up as highway verge - it may show you own it on the deeds, but the Highway Authority might have a legal right over it or there are services buried beneath for which access would be required to maintain. That would affect any planning application made for change of use.

CaitoftheCantii · 04/01/2023 12:55

Sorry - saw that you’d said there were no services, but sometimes there are easements created for other matters…

Boredwithlife0 · 04/01/2023 13:05

There is a small easement area marked elsewhere on our title plan but not on the verge. I guess I should check for any small print in the deeds though.

Funny how so many clauses and covenants in deeds are often ignored (eg no trade vehicles or caravans routinely parked on the property, or the door colour cannot be changed from the developer’s installation, for ten years after it is built) but as soon as something like this arises it gets analysed to the Nth degree 😬

OP posts:
CaitoftheCantii · 04/01/2023 13:12

Yep - as soon as you want to incorporate ‘dead space’ to tidy up your space- having not seen a soul near it for years - someone always turns up. The main one to head off is the Highway Authority in case they claim a right of access over the land as verge - as them to email you a plan of the extent of highway land for the cul de sac…

From bitter experience, it’s also worth asking the planning authority to email the original planning for the cul de sac, if the houses were built since the 1st July 1948 - that can throw up curveballs as well…

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