AN UNLAWFUL metal gate has been the topic of conversation in Buckinghamshire after neighbours installed it, blocking access for service vehicles using the M40 motorway.

Buckinghamshire Council's planning department received the complaint from Gregory on Monday, April 3 and an investigation confirmed it was a "breach of planning control".

Mr Shiue of 23 Dukes Kiln Drive, says the metal gates are blocking access to the M40 motorway for service vehicles and has been causing issues with rubbish collections and postal deliveries.

Despite the high gates breaching planning regulations, no enforcement action will be taken. 

The Free Press asked the council what are the exact rules when it comes to residents wanting to instal metal gates.

Planning permission is normally needed for new buildings, changes to or the existing buildings such as an extension or changing the use of a building

GOV.UK explains when you do and do not need planning permission.

You need to make sure that you have the right permission for work to be done on your property. You may be prosecuted if work has not been carried out legally.

Residents are encouraged to contact the local planning authority if they're not sure if a project needs permission.

But usually, if you're looking to build something new then you would need to seek planning permission.

If your project needs planning permission and you do the work without getting it, you can be served an ‘enforcement notice’ ordering you to undo all the changes you have made.

In this case, the installation of the metal gates was a breach of planning control.

Bucks Council said: "Having identified a breach, Buckinghamshire Council has to assess the harm from that breach.

"This is because enforcement action is discretionary and Section 172 of the Town and Country Planning Act 1990 states that the Local Planning Authority may only issue an enforcement notice where it appears to them that:

"There has been a breach of planning control; and, it is expedient to issue the notice, having regard to the provisions of the development plan and to any other material considerations.

"The National Planning Practice Guidance on ‘ensuring effective enforcement’ states that enforcement action is not appropriate where: There is a trivial or technical breach of control which causes no material harm or adverse impact upon the amenity of the site or the surrounding area.

"Development is acceptable on its planning merits and formal enforcement action would solely be to regularise the development.

"In this case, Buckinghamshire Council has concluded that there is no material planning harm from the development and a formal decision to close this investigation was taken under the powers delegated by the Council.

"The case will now be closed."