Unbuilt wall not wanted and issues with planning. Help?!

[gmule85]

This is a bit of an unusual one, but ive just put a reserve down on a new build house, and theres a brick wall on the planning that is cutting off a good third of my land. Ive asked if simply is can not be build because i will want to eventually knock it down and take the wall, or a hedgerow out to my plot boundary. However, they say they must adhere to the planning for the build, and that even if i was planning on knocking it down in the future i would have to apply for planning to do so. This all seems a bit nuts to me as it is well within my boundary. So my questions really are,
1- does anyone know how i can change the planning or anything to prevent the wall from being built and saving me a fortune in machine, labour and skip hire and time,
2- is it true that i would have to apply for planning to even knock it down, and how likely am i to have issues with doing so?
I have spoken to persimmon and obviously it is easier for them to simply say that they must adhere to planning, and that it would be difficult to get planning to knock it down because they want the estate to be kept as per design, and want the low maintenance shrubs and flowers by the footpaths to look all nice and pretty. But surely as its my land i am entitled keep my land enclosed and not have it as a feature of the development.

If anyone has had similar issues, or can help with any points ive raised id be very grateful as it would simply save so much hassle to not have the wall built in the first place, and it would mean i get to actually enjoy my own land. Many thanks.m

 

[leew2]

Normally you would not need planning permission to demolish a wall as it is permitted development but there may be an Article 4 on the house restricting the PD rights (apparently they are quite common for newbuilds).
I would recommend you contact your local authority planning department and have a look at the planning permission documents relating to the property as any such restrictions should be mentioned there. The documents maybe avalible on the authorities website.

As for the wall being built in the first place, if it is on the plans approved by planning then it would have to be built as for the permission to be valid the building has to be built as per the submitted plans. It maybe possible to get a "non matirial amendement" to the original planning permission however it may be too major to be classed as a "non matirial amendement" in which case you basically have to go through the planning process again.

The wall may be required, for example to protect the privacy of an existing property in order for the original planning permission to be granted and thus it would be unlikley a change to remove it would be accepted and there maybe an article 4 prohibiting it's subsequent demolition.

 

[gmule85]

From what I can gather on the phone to the technical department of Charles church there doesn't seem to be any reason why it can't be moved, it offers no one privacy or anything like that. So I think it is just a case of them not wanting to go through planning again. I was just wondering then if it would be that difficult to change to planning? as I don't mind if the wall gets moved to the perimeter or even if fencing is erected. Would it cost more than the price of knocking down the wall etc?? Thanks for your help.

 

[Deluks]

What purpose does the wall serve? Housebuilders are not in the business of laying bricks for no good reason.

As for demo costs, a sledgehammer, wheelbarrow, and an ad offering 'free bricks' or free hardcore will get shot of them. How big is this wall?

 

[mattylad]

If they really MUST build it, then do they need to include the mortar to stick the bricks together?

 

[freddiemercurystwin]

Check the dates guys

 

[rjm2k]

lol

Maybe time for an update from OP?