Extending the garden - permission, neighbours and any other potential dramas

Shikkaka · 5 Jun 2023 at 12:05

Hello all,

I'll shortly be moving back into my house and I'm looking to renovate and extend the garden. Having lived without a garden for the last 2 years I've realised how much I miss one and I'm looking to make use of the space I have as much as possible.

With that in mind, I'm looking to extend the garden onto part of the driveway, see picture. The white boundary is my land, the red area is currently driveway

I am guessing I wouldn't need any sort of planning permission for this? And as a courtesy only, I would inform the neighbours of the planned work?

Can anyone foresee any other potential dramas?

radderfire · 5 Jun 2023 at 17:53

Are you going to dig up the tarmac, or leave it and just move the fences?

Don't know about planning permission.

Personally I wouldn't do this, because it's a small area and hardly worth it, plus it will decrease parking space, so probably would devalue the house. It would also make the entrace to the house feel more cramped.

Also, personally I wouldn't do it without consulting the neighbour first, and if they didn't like the idea, I wouldn't do it. Better to keep on good terms with the neighbours than have a bit more garden in my opinion.

Hagar · 5 Jun 2023 at 19:36

Where would your wheelie bins go then?

Also has your front grass been extended to the kerb line? I would have expected an access alongside the roadway.

Shikkaka · 5 Jun 2023 at 19:44

Ideally I'd dig it up and replace with turf. How do you mean make the entrance more cramped? The entrance is at the front where the location pin is.

The wheelie bins would be moved forward behind the new fence. If it has it was before my ownership

radderfire · 5 Jun 2023 at 20:13

I mean the front of the property will feel less spacious and more closed in.

Shikkaka · 5 Jun 2023 at 20:17

radderfire said:
I mean the front of the property will feel less spacious and more closed in.

Sorry, still not sure I understand how? The front of the house is where the arrow is.

Richie · 5 Jun 2023 at 20:25

I'm not sure why you would need to tell the neighbour it makes no difference to their property

Thekwango · 5 Jun 2023 at 20:35

Richie said:
I'm not sure why you would need to tell the neighbour it makes no difference to their property

My thoughts too. What’s it got to do with the neighbour, unless the drive way is shared as op’s drawing only shows ownership of about half the width of the driveway. Unless I’m misunderstanding the drawing.

dlockers · 5 Jun 2023 at 20:37

Looks like a shared driveway given the number of bins?

So yes you'd have to consult with neighbours. Are you really going to gain much?

Shikkaka · 5 Jun 2023 at 20:42

Here's a better picture of the driveway. It's classed as 2 separate drives, they have no rights to park on my drive and vice versa.

Shikkaka · 5 Jun 2023 at 20:44

dLockers said:
Looks like a shared driveway given the number of bins?

So yes you'd have to consult with neighbours. Are you really going to gain much?

Not a massive amount, just trying to maximize the garden space for me and my lad. Seems on the face of it a pretty straight forward thing to do with a bit of graft.

radderfire · 5 Jun 2023 at 20:51

Shikkaka said:
Sorry, still not sure I understand how? The front of the house is where the arrow is.

Oh OK, my misunderstanding. Looking at the new pics, it looks as though you could currently fit 2 cars plus wheelie bins on the driveway, but could you after your modification? If not, you might affect the value of the house, as parking is important to people.

dlockers · 5 Jun 2023 at 20:53

I think you'd have to check any covenants in force; looks like a new-ish build? And make 100% sure you aren't "RIGHT" up to the boundary in terms of your proposed changes.

Kurgen · 5 Jun 2023 at 20:56

Shikkaka said:
Not a massive amount, just trying to maximize the garden space for me and my lad. Seems on the face of it a pretty straight forward thing to do with a bit of graft.

The law requires fair use whether the shared driveway is owned by two properties or just one. But, the law also expects users of shared driveways to act considerately. So, that includes not continuously blocking the driveway to the detriment of others. And this does not just apply to parked cars. Skips and building materials on driveways are common complaints.

By putting a fence up you are potential restricting their access to a shared space (opening car doors etc), so you they may have a legal case against you, and yes you will more than likely need planning permission for that, or at least to consult your local planning officer first..

if the above is still acceptable than you still clearly need to make sure all the fences and posts are on the inside of your boundary

Kurgen · 5 Jun 2023 at 21:03

PS im no fencing expert, but how are you intending on putting up the posts without damaging your neighbours tarmac

Shikkaka · 5 Jun 2023 at 21:08

radderfire said:
Oh OK, my misunderstanding. Looking at the new pics, it looks as though you could currently fit 2 cars plus wheelie bins on the driveway, but could you after your modification? If not, you might affect the value of the house, as parking is important to people.

You probably could.... just, but then one car would be "overhanging" the front of the house. Being a single bloke with a 5 year old, I wouldn't have to worry about that but I see your point when selling on.

dlockers · 5 Jun 2023 at 21:13

Kurgen said:
PS im no fencing expert, but how are you intending on putting up the posts without damaging your neighbours tarmac

Put his fence on his tarmac?

Shikkaka · 5 Jun 2023 at 21:14

Kurgen said:
PS im no fencing expert, but how are you intending on putting up the posts without damaging your neighbours tarmac

Kurgen said:
The law requires fair use whether the shared driveway is owned by two properties or just one. But, the law also expects users of shared driveways to act considerately. So, that includes not continuously blocking the driveway to the detriment of others. And this does not just apply to parked cars. Skips and building materials on driveways are common complaints.

By putting a fence up you are potential restricting their access to a shared space (opening car doors etc), so you they may have a legal case against you, and yes you will more than likely need planning permission for that, or at least to consult your local planning officer first..

if the above is still acceptable than you still clearly need to make sure all the fences and posts are on the inside of your boundary

Noted, sounds like I'd need to the very least get the neighbors written permission and run it by local planning. At which point it would fast become more hassle than it's worth.

Regarding fence posts, at this point I've no idea :cry:

. I'd ask a local fencing person that very question. Again, if it risks causing damage then it's probably more hassle than it's worth.

Semple · 5 Jun 2023 at 21:16

It looks an odd driveway because there's then a visible gap to the left which you'd assume was another boundary, where does the house exist for this driveway.

It looks shared, but if it's like ours it's not classed as a shared drive. Whilst they exist side-by-side, each neighbour owns their respective half with no rights over the other half.

A shared driveway was typically a thing for older houses that had garages at the rear, and a single width driveway going between the houses for access. In these situations both neighbours would have equal rights, and typically a covenant would be in place to prevent parking/blocking someone in.

montymint · 5 Jun 2023 at 21:20

Shikkaka said:
Here's a better picture of the driveway. It's classed as 2 separate drives, they have no rights to park on my drive and vice versa.

Looking at the moss growth on your drive from the shade, I doubt you'd grow any nice grass if you extended it.

Not sure if it's worth it tbh.

Extending the garden - permission, neighbours and any other potential dramas

Pet Northerner