Driveway Boundary

Driveway Boundary

Do I Need Permission - Ask An Expert Dear Sir/Madam,

I am initially writing this email to gain as much information regarding my boundary lines and what my neighbours are entitled to do.

Here is the background to the problem. I bought a new build house last year which has a single driveway which should be able to house 3 cars. The width of the driveway is extremely narrow especially the section which has neighbours fence running along one side. We are a family of 4, therefore needing access to all doors of the 1 car we have. We cannot park the car in the driveway unless it is in the end space nearest to the road (entrance to the drive). This is the only space where all passengers can exit the car safely (as there is no fence at this section or wall of our house we can open the doors properly). Furthermore, in this end space we need to park as close to our neighbours boundary to get past the car with my husband’s bicycle, the baby’s pram (which are both used daily) and get the waste bins out weekly. Nothing fits past the car in the drive otherwise.

In September, our neighbour complained to us that they could see our car from their window whilst it was sitting in our driveway in the end space. We explained the reasons and restrictions why the car had to be in this position. Our neighbour is not happy about this and has now placed 3 large plant pots right on the edge of the adjoining boundary (please see attached photograph). This is now preventing me from using that side of the car and hence the entire driveway.

If you could answer the following questions and provide any additional information which you think would be extremely helpful. I would like this trivial issue resolved as quickly as possible.

Why is the wooden fence constructed to a certain distance as a boundary in my neighbours garden?
Is there a reason why the fence turns and is fitted against my neighbours wall leaving an open space between their garden and entrance to our driveway?
Is there a regulation which prevents someone from placing such plant pots next to a footpath or vehicle highway?
If the development has been constructed as an open plan estate, does that mean this type of enclosure is not acceptable?
How should a driveway be built to accommodate disabled access and getting young children in and out?

Although these pots are still on their side of the boundary it has now created a barricade meaning we cannot open our doors out over this line.

Many Thanks.
Question Posted By – Judith Stevenson In Area – West Central Scotland

  1. Do I Need PermissionDo I Need Permission11-10-2014

    Hello Judith.

    The setting out of the property boundaries, fencing types etc… would of been decided on at the planning permission stage. There is no regulation for equal boundaries etc…

    This is what the building regulations say about drive widths.

    Where car parking is provided within the curtilage of a dwelling, a person should be able to alight from a vehicle directly onto the firm surface of an accessible route to the dwelling.
    Where a driveway or car parking space forms part of an accessible route to a dwelling, it should be at least 3.3m wide to allow a 900mm wide pedestrian route past a parked car.

    So if you have a driveway and then a path leading to your accessible entrance the drive only really has to be a cars width as long as the path was joining onto the drive. In building regulation terms this would mean someone in a wheel chair could come out the car onto the access path.

    If your driveway is also the path to your house it would be minimum 3.3m wide.

    It depends on your specific configuration.

    With regards to your neighbour placing plant pots within their boundary unfortunately there is no planning regulation that would cover this, under permitted development (things you can do without planning permission) you or your neighbour could erect a wall or fence round your garden if you choose to (within the limits of permitted development).

    It would be worth checking the title deeds for your property as developers often put clauses in that can limit what can be done even if planning permission permits.

    Thanks for using Do I Need Permission.

  2. Michael HydeMichael Hyde11-11-2014

    Hi Judith

    This sound to me to be a neighbour dispute as opposed to a planning one! Assuming that the development (i.e. the setting out of the estate) was undertaken in conformity with the plans that were approved, there would be no breach of planning control. As has been said above, the placing of plant pots does not require planning permission. Civil matters can however often be resolved by legal means, so you may need to see your Solicitor.

    Regards

    Mike Hyde

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