Don’t think that this is the case. If you look at the “kadastrale” view which shows the boundaries of the property, you see that the gate is on a different property than the building itself. So the building itself crosses property lines. In my view this is a communal area.
That is the path, not the gate itself, which is part of the building as shown in the aerial view above. But thanks for your input, it is up to staff to judge this.
I find this curious, as the gateway is part of the SFPRP boundary but also part of an easement.
For fields, which are part of farmland, the UK has PROWs which legally cross the edges of the fields. The easement overrides the “no farmland” rule, so this could be similar.
It goes down to who owns it. Even if the wall encroaches on PROW by 1mm, it is still considered private property for all intents and purposes. I am working on the assertian that this is SFPRP and the GIS data is accurate, and should be removed.
I’m foreign, so take this with a lot of grains of salt, but… is that overlay meant to be property lines? If so, it would appear that this building is made up of multiple properties. If that’s true, it could be interpreted that this building is actually a multi-family residential building, like an American apartment building or condo complex.
In those, the unfenced outdoor areas, including (in cases where they aren’t fenced in) the exterior walls of the buildings themselves, are explicitly common areas, and are therefore not covered under the SFPRP rule; about a third of my approved stops are in such areas.
I’ve also seen cases where a residence and a business would vertically overlap (located in a two story building), and seen those also approved (though I haven’t submitted such stops myself).
Very common in Europe each of the properties is still sfprp, as they are owner of that part of the facade. Good that you bring it up and it can be confusing, but as the official site shows this is SFPRP