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[tunnie]

The Close I live in is not on Council Land, I belong to a management company which is responsible for the up-keep of the Close. We would like to make a small addition to fencing around the bin collection area, I've contacted our Council who are Surrey Heath. I've been advised we need a 'certificate of lawfulness' due the the fence we want added, is above 1m high.

I understand I need to apply for it here:

http://www.planningportal.gov.uk/

But do I just do the full 'Apply for Planning Permission' on the main link on that homepage, as this certificate is not actually permission. 

It's: - "If you want to be certain that the existing use of a building is lawful for planning purposes or that your proposal does not require planning permission"

[tunnie]

Actually, think I was being blind, found it in the list...

Lawful Development Certificate.

Humm do I need Proposed use or Existing use.   

The area already is built, by the developers. We are just adding a small fence at the front and a gate for access. 

[STEMO]

If it's a bin space, and has always been used for that, then it's an addition to existing use.

[Kevin Wood]

As long as the management company don't object, I would just do it.

Can't see the council being even slightly bothered about a fence on an unadopted development, and I think their suggestion was probably just @rse-covering.

[tunnie]

Not issues with the management company objecting, all on-board. However there are one or two err 'characters' in the Close who may alert the council to what we've done.

Checking further I need to do a load of paperwork online, it will also cost the company (not me) £90 to get this certificate.

I think I need to do it, just for arse covering for the company, so there is no issues. 

As we did almost just go ahead and do it.

[Kevin Wood]

As long as the fence doesn't actually require planning permission:

http://www.planningportal.gov.uk/permission/commonprojects/fenceswallsgates/

all that £90 is getting you is a certificate that says it didn't need planning permission. IMHO.

The alternative is that you do it anyway, some curtain twitcher makes a complaint to the council, and they tell him it's fine, because you didn't need planning permission.

To be honest, for something involving a large outlay, or if the need for planning permission is not clear cut, it probably makes sense to do it in advance. For a fence, which will not result in a huge financial loss even if you do get told it's not lawful, I'm not sure if it does.

[tunnie]

Humm see what you are saying, but that first line does make me nervous about getting work to go ahead:

'You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway)'

Our planned one ticks all of that, even though it's basically adding a gate + fence to something that's already there.

This is also the companies first bit of work, so be good to do all paper work.

[Kevin Wood]

OK. Didn't realise you were doing it on behalf of the management company rather than on your property with its' blessing.

Might as well dot all the I's and cross all the T's in that case.

[biggriffin]

Dam gastley dustbins, they should be put near the servants quarters,
 must be a suburbs thing trying to hide ones refuse receptacles.

[STEMO]

Dam gastley dustbins, they should be put near the servants quarters,
 must be a suburbs thing trying to hide ones refuse receptacles.

Yeah. They should just put it in the cesspit with all the shit, like wot you do.