The Accidental Smallholder Forum
Community => Coffee Lounge => Topic started by: Teuday on August 11, 2014, 01:44:55 pm
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I have a gateway into a field which is not at present being used and the hedge either side has grown in front of it on the roadside. I want to open up the gateway so that the field can be accessed again from the road. Do I need planning permission?
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Wouldn't have thought so if there's already a gateway there.
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No.
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I would think if there's a gateway there, then you should be fine. If it's a completely new one, then I think you need to have planning permission. We have a strip of land, where we could put in a gateway, but have never done it yet.
Beth
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You might need to check that the Roads Dept is happy for you to do this. It's worth a phone call.
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As I understand it, you require pp to open up a new gateway onto a classified road, but not an unclassified one.
However, as mentioned, if the gateway's already there, albeit covered, then you can reinstate it if you want.
But bare in mind that should you open up a gateway where you do need permission then it's not exactly a hanging offence. First of all someone has to notice and care enough to inform the council. Then in the worst case scenario the council will inform you of your trangression and you can put in a retrospective planning application.
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If it's not currently visible from the road I would take photos before and during the work that clearly proves the gate was always there. Or sods law the council will find reason to doubt it and you might be pushed to pay retrospective pp fees..
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At our previous property we had a old field gate onto a unclassified road. As part of a planning application we wanted to open up the gate but the Highway Dept objected, and said it was too near a junction >:( . It was fine 20 years ago, but not now ::) .
I'd take photos, then just do it :innocent:
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There will always be someone who tells you you can't do it or it's problematic etc. Back yourself. Form your own view and if you don't see a problem get on with it. Keeping an agricultural field opening or right of way is important.
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Just do it
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If you're in England or Wales check your visibility splays requirement , if you don't have any..... reactivating an old gate way could see you fined or at the very least have to reclose it & then you are on the radar for being a problem.
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its dependant on what You 'Understand' are You LEGAL or LAWFUL?
LEGAL i believe is a foreign [law] society (commonly known as the CROWN [not the QUEEN or Common Law),
In Commonlaw as long as You cause no harm to Your fellow man :thumbsup:
In LEGAL-land it will get most of man-kind confused, if You look up the words that seemed to have invaded and corrupted our common English for instance;
apply means:
Application (n)
In the 18th century “formal request to a higher authority or employer”
Originally From 15th Century “the bringing of something to bear (liability) on something else”,
from UKL Common Law, mini-dictionary 2014: http://dispatchuk.com/Mini-Dictionary-UKL-mini-book-0000222.htm (http://dispatchuk.com/Mini-Dictionary-UKL-mini-book-0000222.htm)
so 'planning permission' i believe sounds like an act of servitude or Slavery, which has been abolished Right?
So it more important to ask not" do i need to apply for Planing Permission",
but what stand point do You come from CROWN employee "PERSON" and their "planning terms and conditions" or a man with Common Law Rights,