Retaining Wall - Driveway - Scotland

[Bikerjodie]

Hi

We are an inexperienced couple who has had a driveway installed for approximately 10 years without planning permission.

We have been advised that we should have sought permission from the council when another Neighbour reported the work. However basically what we did was have a digger come into the front garden and remove the soil and put in a 8 feet retaining wall. Our neighbour did the work for us and he is a builder (I know now to get a professional in!! However, can't change the past).

I actually don't think the work he did was inferior in any way - just that we needed permission and didn't get it in advance. The wall is very sturdy and has iron post etc.

I have a couple of questions:

1) In Scotland do we need permission for this wall currently 8 feet high and 3 meters from the house.

2) If we reduce the height of the wall to less than 6 feet would this avoid the need for planning permission? It would be fairly easy to do this.

I will post a picture to more clearly describe what is going on.

Any advice very much appreciated.

Thanks

Jodie

 

[freddiemercurystwin]

The works are immune from enforcement action being taken as over 4 years has passed and as such the 'four year rule' applies:http://www.gov.scot/Publications/2009/09/16092848/2

 

[Bikerjodie]

The works are immune from enforcement action being taken as over 4 years has passed and as such the 'four year rule' applies:http://www.gov.scot/Publications/2009/09/16092848/2

That's really amazing - thank you - you really have made us very happy!!!! Thanks also for the fast reply.

I don't suppose you know if we need to do anything in terms of preparing to sell the house? Some kind of certificate of comfort?

Jodie

 

[freddiemercurystwin]

No nothing. A daft buyers solicitor may bring it up in the course of a sale if a daft buyers surveyor picks up on it. But their invalid concerns can just be dealt with by the legislation I posted.

 

[Bikerjodie]

Thanks again