"Nick Maclaren" wrote in message
...

In article ,
"BAC" writes:
| "Malcolm" wrote in message
| ...
|
| Why bother with another newsgroup which, whatever its collective
wisdom
| in legal matters, is highly unlikely to be able to give you the
| authoritative *local* information regarding walls and sheds in
Aberdeen
| that you can get from visiting or phoning your local authority
planning
| department?
|
| It is they, and they alone, who can tell you exactly what you want to
| know. Not only that, but you should receive an immediate answer
| precisely focussed on your particular local enquiry, without having
to
| wait for, and then sift, the responses on the newsgroup.
|
| Quite right - advice from a legal newsgroup would cut little ice with
an
| enforcement officer, should one appear on the doorstep at some future
| juncture, or with a future buyers' lawyers should you try to sell a
house
| without the relevant consent or a 'letter of comfort' from the LPA. The
| local planning authority actually employs people to advise members of
the
| public on questions like the one concerned.

Well, they may be helpful, but they may merely tell you what they want
you to think. There is no comeback on them if they tell you completely
bogus information, intended to make you think that you have fewer
rights than you do, if that is their policy. There are several local
authorities that are notorious for abusing their powers, and a far
greater number that are thoroughly confused (for which I don't blame
them).
Furthermore, if you check up with the relevant legislation etc., you
will find that almost the only location that has significant LOCAL
regulations is Greater London. Almost everywhere else, the local
variations are simply up to the how the local authority interprets
the vague and obscure legislation. In some cases, they have the
power to turn such interpretations into law; in other cases, they
don't; in the majority of cases, nobody knows if they do or not,
because no relevant dispute has reached the House of Lords :-(

It is worth asking them what THEIR view is, but it is assuredly worth
checking up if it doesn't match what you want to do. This newsgroup
and uk.legal are good starts.

Of course it is worth asking them what their view is, because it is their
view they would be likely to act on. If their view is not the one desired,
then by all means take further advice, but I would suggest use of a
professional planning consultant.


In this particular case, I have a copy of only the 1971 Act at home,
but I believe that the relevant rules have not changed. There is
nothing about garden walls or garden sheds, and my information is
that the courts generally agree that they do NOT need planning
permission unless they have services. What they may need is BUILDING
permission and/or the go-ahead of the local Highways Authority (if
they are near a road).

All recent planning legislation, both Acts and SI's, is published on the Web
by HMSO.

Another useful source is http://www.gardenlaw.co.uk/walls.html
where they express the opinion that PP is needed to build walls over 2 m
height (1 m if on highway boundary) plus advise one should contact one's LPA
before erecting a boundary fence or wall.
Don't know whether that applies to Aberdeen, if it were me, I'd ring and ask
them.