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Submit plansThere is a plot of land adjoining the bottom quarter of my garden, which already has planning permission for a single dwelling. If I add the bottom quarter of my garden to the plot by removing a dividing hedgerow, it doubles the size of the plot. If I purchased the plot, do I need further planning to add my garden? There would be no right of way issues for either property if this were to happen.
From a planning perspective, you do not need planning permission to add the plot of land from your own garden to the plot of the new property, provided you build out the plot as permitted. You should check that there is nothing protecting the dividing hedgerow before you remove it however.
You may need planning permission for any new physical division between the plots – fencing for example – depending on the height and nature of this and proximity to the adjoining dwellings. You should check on the parameters for this, but it is likely to need planning permission.
You would need to seek legal advice in terms of the implications of the division of the plots through Land Registry and whether there were any legal implications that the land was not part of the original planning permission.
But in terms of lawful use, both areas of land are residential in use by benefit of the existing use of the site on which your property is situated and the planning permission for the adjoining plot. The issues in this circumstance are therefore more legal in terms of the division of the plots than pure planning. It is recommended that legal advice is sought in this regard to confirm this position.
Julia Riddle [Build It planning expert]