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cert of lawfulness/planning regulations on a private road??

2 replies

marmitemad · 12/08/2008 20:24

we have today received a letter from the council saying they have received complaints that a fence has been erected adjacent to a highway in excess of 1m.

we have lived in our bungalow on a private unadopted road for over 6 years (with no complaints) and fence had already been here some time when we moved in which means we can apparently apply for a certificate of lawfulness, anyone know what this entails?

do we need to involve a solictor or indeed should we be contacting our conveyancer to complain about them not doing their job properly when we bought the house?

I assume it is correct that planning regulations still apply to private unadopted roads?

will post this in legal as well but tia for any advice.

OP posts:
LIZS · 12/08/2008 20:28

Don't you apply to council as you would for planning permission ? It isn't necessarily anything your conveyancer would have noted.

Seabright · 15/08/2008 23:14

Yes, you still need planning consent in a private road. If it's been there for more than 10 years (any you can prove it) apply for a certificate of lawfulness. If not, apply for retrospective planning consent.

If you do nothing you risk the council taking enforcement action to make you put it right. Which, not only is it a pain, when you come to sell it will be revealed on your buyers Local Authority Search and they may well make a big fuss. Get it sorted ASAP.

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