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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 26070
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I share with my neighbours a party wall 2 metres high. If

Resolved Question:

I share with my neighbours a party wall 2 metres high.
If I attach a trellis to the wall on my side (to ensure privacy ) and grow plants/flowers to an overall height of 3 metres,would I need his consent or planning permission or a party Wall Act Notice?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask how long the trellis has been in situ please? Has the council contacted you regarding the same?

Customer:

I have not yet erected the trellis.

Customer:

The council have not been involved.

Joshua :

Thanks. Permitted development provides that you may erect a fence or party fence wall of up to 2m in height inclusive of any trellis attached to the same without the need for a formal planning permission. If you wish to attach trellis to an existing party fence wall this is permitted by virtue of the Party Wall Act however the overall height including the trellis would need to be no more than 2m in height or planning permission would be required.

Joshua :

If your neighbour is agreeable the chances of the council becoming involved in practice is limited however though it cannot be guaranteed. Typically the become involved following a complaint from a neighbour in these circumstances.

Joshua :

Once the trellise had been in place for 4 years it would be lawful irrespective of whether you obtained planning permission though if disputed you would need to prove it was four years old so if proceeding on this basis retain evidence of the date the trellis was put up - e.g. a photo emailed to yourself or something of that nature.

Joshua :

Is there anything above I can calrify for you?

Customer:

Understood .Thank you.

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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