THE LAW

THE LAW

Postby theshed » Fri Nov 17, 2017 2:25 pm

Hi

We are Landscapers as such we've been putting up fences for years.

However, we are currently on a job in a conservation area thankfully this house is one of 4 that doesn't require planning permission to put up a fence :roll:

I had to phone the local authority though to check on height, yes I know 6'6" however the garden is on the bank of a hill so externally the fence will be 6'6" but internally it will be 7'-7'6"

Now we've had this problem with the different heights in gardens before and just as standard installed it so as to make up the difference in height. But this fencing is EXPENSIVE!

So when I called them I spoke to the most unhelpful woman in the world who I'm sure didn't have a clue she seemed excited at the prospect of us requiring planning permission when I said we were working to a height of 6'6" she seemed dissapointed?

But she could not answer the question ..... so can we erect this fencing with an internal height of 7'?

As this is a conservation area and I have just notified the local authority that we are carrying out works then they are sure to check - We cannot afford to get this wrong as 13 panels are costing £3k

Help does anyone definatively know the answer
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Re: THE LAW

Postby MacadamB53 » Fri Nov 17, 2017 2:33 pm

Hi theshed,

ignore the lie of the land either side of the fence - the height is measured from the top of the holes you’ll be digging to the top of the posts? that is the measurement.

make sense?

kind regards, Mac
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Re: THE LAW

Postby theshed » Fri Nov 17, 2017 2:51 pm

Oh Mac that will mean the fence is 5' on the external :(

It backs onto open fields part of school property anyone can jump a 5' fence even me :lol:
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Re: THE LAW

Postby arborlad » Fri Nov 17, 2017 5:34 pm

theshed wrote:Hi

We are Landscapers as such we've been putting up fences for years.

However, we are currently on a job in a conservation area thankfully this house is one of 4 that doesn't require planning permission to put up a fence :roll:

I had to phone the local authority though to check on height, yes I know 6'6" however the garden is on the bank of a hill so externally the fence will be 6'6" but internally it will be 7'-7'6"

Now we've had this problem with the different heights in gardens before and just as standard installed it so as to make up the difference in height. But this fencing is EXPENSIVE!

So when I called them I spoke to the most unhelpful woman in the world who I'm sure didn't have a clue she seemed excited at the prospect of us requiring planning permission when I said we were working to a height of 6'6" she seemed dissapointed?

But she could not answer the question ..... so can we erect this fencing with an internal height of 7'?

As this is a conservation area and I have just notified the local authority that we are carrying out works then they are sure to check - We cannot afford to get this wrong as 13 panels are costing £3k

Help does anyone definatively know the answer





The height will be measured from original, unaltered ground level and to a major part of the structure, most likely the centre of the panel.

Is the slope along the fence line as well as across it?...............what are the panels made of - cedar.
arborlad

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Re: THE LAW

Postby arborlad » Sun Nov 19, 2017 9:38 am

MacadamB53 wrote:Hi theshed,

ignore the lie of the land either side of the fence - the height is measured from the top of the holes you’ll be digging to the top of the posts? that is the measurement.

make sense?

kind regards, Mac





No, it makes no sense at all.

You can't ignore the lie of the land, it's fundamental to erecting the fence - that said, a panel fence seems a poor choice on what appears to be a steeply sloping site.
arborlad

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Re: THE LAW

Postby MacadamB53 » Sun Nov 19, 2017 1:35 pm

arborlad wrote:
MacadamB53 wrote:Hi theshed,

ignore the lie of the land either side of the fence - the height is measured from the top of the holes you’ll be digging to the top of the posts? that is the measurement.

make sense?

kind regards, Mac





No, it makes no sense at all.

You can't ignore the lie of the land, it's fundamental to erecting the fence - that said, a panel fence seems a poor choice on what appears to be a steeply sloping site.
the issue that concerns the OP is planning law - and the fact there may be a bank on one side or both sides of the fence is irrelevant.

I’m sticking to the matter in hand so please don’t quote me and imply I’m wrong without explanation...

kind regards, Mac
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Re: THE LAW

Postby mr sheen » Sun Nov 19, 2017 4:52 pm

Call centre staff and Admin staff are neither legal advisers for the public nor planning consultants hence they should not be seen as providing definitive advice, nor should contributors on an Internet forum. At the price of those fence panels either get specific instructions from the client that these panels are to be erected at their instruction and their responsibility or get proper advice if there is any chance you will be held responsible.
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Re: THE LAW

Postby Collaborate » Sun Nov 19, 2017 6:42 pm

mr sheen wrote:Call centre staff and Admin staff are neither legal advisers for the public nor planning consultants hence they should not be seen as providing definitive advice, nor should contributors on an Internet forum. At the price of those fence panels either get specific instructions from the client that these panels are to be erected at their instruction and their responsibility or get proper advice if there is any chance you will be held responsible.


+1. It's not your job to advise the customer on the law. If you assume that responsibility and get it wrong it will prove very costly for you.
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Re: THE LAW

Postby arborlad » Wed Nov 22, 2017 12:04 pm

MacadamB53 wrote:Hi theshed,

ignore the lie of the land either side of the fence - the height is measured from the top of the holes you’ll be digging to the top of the posts? that is the measurement.

make sense?

kind regards, Mac




On any panel fence, the posts are raised above the panel, on that basis alone - the comment is wrong.

If you erect a panel fence on a 1:6 slope using your method of measuring - you will be leaving 1ft of the uphill panel unsupported..............as for; 'ignore the lie of the land' - you can't, it's simply not possible.
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