Verge

Rsjthacker · 26 Nov 2015

hi

My garden backs onto the verge of the road that runs through our village.

The verge is 7m wide and runs the full length of the house. The section of the verge adjacent to the road is part of the highway. The remainder, 4.5 m deep, is owned by me and is not part of the highway (local authority highways have confirmed this) Inbetween the part of the verge owned by me and my garden is a 2m high stone wall.

The local authority highways team have advised me that as far as they are concerned I can put up a wall/hedge/fence around the part of the verge that I own.

My question is does anyone know of a planning reason why I can't put up a 1m high fence and a hedge around the part of the verge I own?

tony1851 · 26 Nov 2015

Walls up to 1m high are permitted development.

Rsjthacker · 26 Nov 2015

OK I need to explain a bit more.... Council planners say that to enclose it is a change of use; it will become garden not verge.

But it is not part of the highway so I don't think that the term "verge" holds any legal weight?

tony1851 · 26 Nov 2015

That's just semantics; if it belongs to you, it's part of the curtilage and enclosing it would not constitute a change of use.

^woody^ · 26 Nov 2015

tony1851 said:
That's just semantics

No it's not. The use of the land in a planning context is distinct from ownership.

chappers · 26 Nov 2015

Yep, would depend on if it was part of the genuine curtilage of the property or a separate piece of land you owned, have you had a look on the title for your property.
I have a friend who owns a property which has a strange set-up whereby the four houses surrounding an area of land in the middle, with a footpath belonging to the council separating it from each of the properties, each house owns a quarter of it each. In their title it specifically says that they can't enclose their piece of land, but also stangely it says the land can be used for the cultivation of fruit or vegetables and two of the owners have done just that. It looks bloody strange, what is essentially a green in front of the houses has two allotments on it.

^woody^ · 26 Nov 2015

It's a very common situation.

The land is classed as amenity land, and as such it prevents the owners developing on it. We come across it a lot in many places where the council gifts, licences or sells bits of land to adjacent homeowners for many reasons. But despite transferring to the adjacent land and effectively becoming part of the plot, the amenity land does not become residential land.

Rsjthacker · 27 Nov 2015

Assuming that verge to garden is a change of use then what is the definition of verge? I can't see a formal definition other than for a verge that is part of the highway.

^woody^ · 27 Nov 2015

There is no definition of a verge in a planning context. Planning only defines land by way of what it is used for, and a verge will come under amenity land which is land used for the general enjoyment of an area. This does not imply access rights, but more often than not just means the openness and lack of development of the land - ie the view.

Nakajo · 27 Nov 2015

There would however be a defintion of 'verge' in any dictionary of French slang - a context in which it is usually surrounded by hedge.

Rsjthacker · 27 Nov 2015

So sounds like there is nothing to stop me putting a hedge/love fence around the verge that I own?

Nige F · 5 Dec 2015

Love fence? Does it have a kissing gate for access.

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Verge

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