I understand the law regarding highways, but can i put a summerhouse at the bottom of my garden next to an 'unadopted highway'. Pls note the unadopted highway doesn't actually lead anywhere, just three houses then a brick wall.
summerdays Thurs 28/08/08 18:33
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Is the summer house on your land? if so and it doesn't either need planning permission or infringes on the unadopted highway I can't see why not.
The unadopted highway probably belongs to the developer and anything you do that would affect it would have to be aproved by them.
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Oh.
But would that also apply to a shed as well?
My neighbour has a summer house but our shed is bigger.
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The term used in the planning legislation is 'building or structure'. Folks have been told to remove or apply for PP for kids' tree-houses in the past.
More to the point, please can you tell us, summerdays, whether there is a public right of way down this lane. i.e. a designated footpath or bridleway.
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Question Author
Hi Buildersmate, It does require public access but it's one of those roads that it never used!! It is about 10yrds long and leads to a brick wall with a river to the other side of the wall. I had a brief chat with the highways dept and they don't seem too concerned.
My main problem is we live in a grade II listed building and the council is using this law to refuse planning. I,m probably in a no win situation even thou the conservation area would look better when finished. ;-(
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The term unadopted road is generic - it just means that the local authority do not maintain it. It may still be part of a public right of way. There are various types of public rights of way - carriageway, along which vehicles may travel, bridleway along which horses and bicycles may travel, footpath - which is pretty obvious.
It is very possible that this is part of the public carriageway - it just isn't made up.
There are plenty of public highways that don't lead anyway - cul-de-sacs.
As far as I know, if there is a public right of way along there, the 'rules' about minimum distances from structures apply - you could check this at the local Planning Department. They will advise you as to whether you need to apply for PP. Apart from the hundred and odd pounds fee, its no big deal - you will very likely get it. Alternatively you could just ignore it - many folks do just that - and erect the summerhouse. The worst that can happen is you are asked to remove it.
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If its somewhere the public have a right of way over - whether road, footpath, bridleway etc, either adopted or unadopted - then you can't build anything that would be closer to that highway than your house under permitted development rights, and you will need to make a planning application. For householders this is £150.
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Hi there, the planning rules have now changed so that you are only prevented building closer to a highway if it would be between the highway and your principal or side elevation of the house, so if its in the back garden its ok now
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