6ft High Brick Garden Wall - Is Planning Permission needed?

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11 Jul 2012
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Northamptonshire
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Hi all,
I had a 6ft high, double-skin brick wall built about 4 years ago to replace a similar height wooden fence. The wall borders my garden, it does not join a neighbours property, is not adjacent to a footpath, public right of way or highway. It is between my garden and my off-road parking space.
I now have the house up for sale and a sale is proceeding but I'm being pestered by the buyers solicitor about planning permission, so I'm getting suspicious they know something I don't.
I'm sure that at the time of building it (it was done professionally, not DIY) I would have enquired about if PP was needed or not, but have nothing documented.
I may be worrying about nothing, but just want to be sure - does anyone out there know if I should have had PP or not?
thanks,
 
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As long as it doesn't abut a highway, you can normally build up to a height of 2m (6'7") (This is assuming there is no withdrawal of permitted development rights)
Buyer's solicitors are often clueless when it comes to planning issues and can cause all sorts of problems and delays through ignorance. He should be checking with the council himself, not pestering you
 
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is it on the front or side elevation on the public highway :?: :?:
then its restricted to 1m/4ft dependant on timespan
 
If it has been there for more than 4 years then it is deemed as being accepted and beyond planning permission consent.

I.E. they cannot insist on PP after 4 years.
 
I.E. they cannot insist on PP after 4 years.

mattylad; I was aware of the four-year rule, it's just that he wrote:

"its restricted to 1m/4ft dependent on timespan"

and I couldn't understand the suggested link between the height and the timespan, possibly implying that the height you are permitted depends on 'timespan'.
 
If my memory serves me right... The height bit is because you are not allowed to erect a fence or wall adjacent to a highway that is over 1m tall without planning permission.

However, if you did so and it was unchallenged by the authorities for 4 years they can then no longer require you to seek planning permission for it.

So if you built it 4 years ago then you just need to state this, that it was built 4 years ago and no longer a planning matter.
If the council did become involved then you would likely need some proof of its build date. Like receipt for the works, builders statement etc.
 

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