planning permisson for fence along side footpath and highway

planning permisson for fence along side footpath and highway

Postby andrewweldon » Wed Nov 20, 2013 1:43 pm

I wonder if somebody can help me.

I have just bought a house on a corner plot. At present there is no fence, only a small wall about 60cm high. I want to put a fence up to give me some privacy.

From what I have read if I am to put a fence up adjacent to the footpath/highway then it can only be 1mtr high, which would not give me any privacy. I intend to leave a 1mtr gap from the boundary wall as I read somewhere this means the fence can then be up to 2mtrs high. I have looked on the local government planning portal but it does not give any measurements for this, it just states a fence running adjacent to the footpath can only be 1mtr. I have rang the local planning office and they were very vague, she yes she thinks it should be ok for it to be set 1mtr back and have a 2mtr fence but would not give me a definite answer.

Before I actually pay for a planner to make a visit, does anybody else have experience or knowledge of this.

Many Thanks

Andrew
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Re: planning permisson for fence along side footpath and hig

Postby MacadamB53 » Wed Nov 20, 2013 2:24 pm

It seems you've decided the fence can be no less than 2m in order to achieve a satisfactory level of privacy (must be a lot of tall folk round your way or else a steep incline?)

Have you already made enquiries with your LPA about the likelihood of getting pp to erect a >1m fence adjacent to the highway?

Kind regards, Mac

edit: make sure you speak with a planning officer and not just a member of the admin
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Re: planning permisson for fence along side footpath and hig

Postby andrewweldon » Wed Nov 20, 2013 2:32 pm

Hi Mac

The fence might not be two mtrs just the usual 6ft fence, but the up to 2mtrs is what is stated for any other type of fence. A 1mtr which is permitted by the regulations fence would give no privacy at all, anybody walking past the house would be able to see straight through into the kitchen and most of the house. Not very secure or private.
The planning office will not let me speak to a planner without filling out a form first and pay £82. I am in the process of doing this but I just thought somebody may know something.

Best Regards

Andrew
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Re: planning permisson for fence along side footpath and hig

Postby MacadamB53 » Wed Nov 20, 2013 3:59 pm

Hi Andrew,

You appear to be confusing what is meant by permitted development.

The 1m limit is what you or I can do without requiring permission. This does not mean a 2m fence cannot be erected, it just means we'd need to obtain permission first.

Permission may well be given depending on the lie of the land - width of footpath? is there a road? effect to line of sights?

If I was talking this over with a pal down the pub I'd also suggest he take a look at nearby gardens and knock on the doors of any with +1m fences to find out whether the LPA gave them pp and if not whether any action was threatened. I'd also suggest he weigh up the likely outcome if he were to just erect the fence without pp. But I am just a layman who doesn't have a complete appreciation of the subject. :wink:

Kind regards, Mac
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Re: planning permisson for fence along side footpath and hig

Postby despair » Wed Nov 20, 2013 6:18 pm

With a corner plot you might have problems getting pp for a 2 m fence if it will interfere with sightlines etc

stupid thing is you can plant a hedge and grow to any height
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Re: planning permisson for fence along side footpath and hig

Postby MacadamB53 » Wed Nov 20, 2013 7:13 pm

despair wrote:With a corner plot you might have problems getting pp for a 2 m fence if it will interfere with sightlines etc

stupid thing is you can plant a hedge and grow to any height


I wonder whether one could plant a mature hedge already taller than the permitted heights for fences, walls and gates... 8)
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Re: planning permisson for fence along side footpath and hig

Postby COGGY » Wed Nov 20, 2013 9:08 pm

Portugese laurel grows fairly quickly if well watered.
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Re: planning permisson for fence along side footpath and hig

Postby despair » Thu Nov 21, 2013 4:42 am

If your pockets are deep enough theres plenty of Big Plant nurseries who can sell you whats needed at way over 2metres
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Re: planning permisson for fence along side footpath and hig

Postby w1nd » Fri Nov 22, 2013 11:43 am

Been there done this, my property is a corner plot adjacent to footpath which is adjacent to road. The proposed fence does not block sight lines.

I applied for PP for a 2m fence and it was declined on the grounds of 'not in keeping with the street'. However I pointed out to the planners that in the next close along both corner houses had 2 meter fences on both corners, they did not have PP as I could not find them online... the planner stated they do not discuss other properties in relation to my application.

They agreed to let me build a 4ft fence (lucky me) as long as I painted it dark oak colour.

So I built a new fence, used concrete slot posts and used 1ft gravel boards and 4 ft fences, so equals to 5 foot. Its never been painted and its been up 1.5years (if they complained I could always whip the gravel boards out, then put back in again :D )

If I was to start again I would just build the fence as the other neighbours did (as far as I can tell).
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Re: planning permisson for fence along side footpath and hig

Postby MacadamB53 » Fri Nov 22, 2013 11:45 am

w1nd wrote:Been there done this, my property is a corner plot adjacent to footpath which is adjacent to road. The proposed fence does not block sight lines.

I applied for PP for a 2m fence and it was declined on the grounds of 'not in keeping with the street'. However I pointed out to the planners that in the next close along both corner houses had 2 meter fences on both corners, they did not have PP as I could not find them online... the planner stated they do not discuss other properties in relation to my application.

They agreed to let me build a 4ft fence (lucky me) as long as I painted it dark oak colour.

So I built a new fence, used concrete slot posts and used 1ft gravel boards and 4 ft fences, so equals to 5 foot. Its never been painted and its been up 1.5years (if they complained I could always whip the gravel boards out, then put back in again :D )

If I was to start again I would just build the fence as the other neighbours did (as far as I can tell).


You mean you're advocating the OP use some common sense? :mrgreen:
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Re: planning permisson for fence along side footpath and hig

Postby ukmicky » Fri Nov 22, 2013 11:17 pm

Their is a no legal definition of adjacent to a highway.

It is possible to have a 1 meter fence set right up against the highway and another 2 meter fence set 2 meters back from the highway and if the planners consider that the fence set 2 meters back is performing a perceived function of forming a boundary between a highway and the property they can class it as being adjacent.

Talk to the planners and see what would be required for you to place your 2 meter fence.

Should you take this to appeal it would be good idea to plant some substantial bushes or hedge right up alongside the highway as a number of cases have been won as large bushes/ hedges have been deemed a substantial enough feature to be considered as the percieved boundary feature ,allowing a 2 meter fence to be place just behind.
Advice given is not legally qualified and you are advised to gain a professional opinion
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