Fence 'adjacent to highway'

Fence 'adjacent to highway'

Postby kingarthur » Mon Mar 10, 2014 11:22 pm

I own a field at the end of a residential cul-de-sac and have been having problems with people cutting the chain on the two field gates closing off the field from the cul-de-sac road. I don't need access to the cul-de-sac from the field so am intending to replace the gates with a fixed fence.

From reading about 'permitted development' I understand that a fence 'adjacent to a highway' is only allowed to be 1m high without planning consent, otherwise a fence must not exceed 2m without consent.

I've been trying to find out what constitutes 'adjacent to a highway' but without much definitive success, which is a little surprising given that the fence heights are explicitly defined.

It has been suggested to me that as long as the fence is 2m back from the edge of the highway then it can be 2m in height. My plan, therefore, is to replace the field gates with a 1m steel fence and then to erect a second fence 2m back from the gates, which will then line up with the boundary fences of the two houses on each side of the road at the end of the cul-de-sac (hope that's clear).

There are no visibility issues that I can see (ha!) as the existing gates are effectively the end of the road and there is no passing traffic. Indeed the only vehicles to use this section of the road are those of the two houses each side of the road that border the field. In short, I wish to erect a 6 foot fence to complete the boundary between my field and the housing estate.

So, providing I set the 6 foot fence 2m away from the road, do I need planning consent?
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Re: Fence 'adjacent to highway'

Postby MacadamB53 » Mon Mar 10, 2014 11:49 pm

Hi kingarthur,

So, providing I set the 6 foot fence 2m away from the road, do I need planning consent?

No you won't.

Kind regards, Mac
edit: is there a footpath between the proposed 1m and the road?
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Re: Fence 'adjacent to highway'

Postby kingarthur » Tue Mar 11, 2014 10:02 pm

Thank you for that confirmation. 2m it will be then.

No, there is no footpath at the end of the road. There are kerbstones marking the end of the road but they butt right up to the grass of my field and the two field gates. Also, the title plan clearly shows that the field boundary extending right up to the edge of the roadway and there has never been a footpath across the entrance to the field (the cul-de-sac road and houses were only built about 25 years ago). Also Land Registry recently sent out a surveyor to map the field boundary with a GPS thingy accurate to less than one inch (so he told me), so I'd like to think there can be no dispute about boundary lines!
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Re: Fence 'adjacent to highway'

Postby arborlad » Tue Mar 11, 2014 10:13 pm

kingarthur wrote: I don't need access to the cul-de-sac from the field so am intending to replace the gates with a fixed fence.



Are you sure that's wise, you may have access to the field elsewhere, but making one point of access unusable doesn't seem right.
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Re: Fence 'adjacent to highway'

Postby kingarthur » Tue Mar 11, 2014 10:21 pm

Given the problems I've had with people from the adjacent houses cutting the chain on the gates so they can dump their garden rubbish in the field, then I think it's best to replace the gates with a decent fence. I have other access to the field anyway.
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Re: Fence 'adjacent to highway'

Postby MacadamB53 » Tue Mar 11, 2014 10:48 pm

kingarthur wrote:Given the problems I've had with people from the adjacent houses cutting the chain on the gates so they can dump their garden rubbish in the field, then I think it's best to replace the gates with a decent fence. I have other access to the field anyway.

Hi kingarthur,

I'm sure you've already considered your options and you didn't need to explain your decision.

All the best and I hope the neighbours mend their ways.

Mac
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Re: Fence 'adjacent to highway'

Postby arborlad » Tue Mar 11, 2014 10:57 pm

kingarthur wrote:Given the problems I've had with people from the adjacent houses cutting the chain on the gates so they can dump their garden rubbish in the field, then I think it's best to replace the gates with a decent fence. I have other access to the field anyway.



Do they drive into the field to achieve this?

Putting your land at risk by duplicating fences is never a good idea.
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Re: Fence 'adjacent to highway'

Postby MacadamB53 » Wed Mar 12, 2014 12:26 am

arborlad wrote:
kingarthur wrote:Given the problems I've had with people from the adjacent houses cutting the chain on the gates so they can dump their garden rubbish in the field, then I think it's best to replace the gates with a decent fence. I have other access to the field anyway.



Do they drive into the field to achieve this?

Putting your land at risk by duplicating fences is never a good idea.

Hi arborlad,

I think you may have misunderstood what the OP intends and there will be no duplication.

Kind regards, Mac
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Re: Fence 'adjacent to highway'

Postby arborlad » Wed Mar 12, 2014 8:48 am

kingarthur wrote:I've been trying to find out what constitutes 'adjacent to a highway' but without much definitive success, which is a little surprising given that the fence heights are explicitly defined.



'adjacent to a highway' has always been correctly left open to interpretation because there are so many variables surrounding the location of the fence on your own land and the use of the land which it adjoins. Abutting is a very precise term, but can't be used because there may be circumstances which prevent it.

There is a very good post by Conveyancer which I've been unable to find,# but basically, every situation is different and each has to be judged on its own merits.

#Found it: viewtopic.php?f=6&t=18195
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Re: Fence 'adjacent to highway'

Postby Clifford Pope » Wed Mar 19, 2014 11:36 am

MacadamB53 wrote:
Putting your land at risk by duplicating fences is never a good idea.

Hi arborlad,

I think you may have misunderstood what the OP intends and there will be no duplication.
[/quote]


"My plan, therefore, is to replace the field gates with a 1m steel fence and then to erect a second fence 2m back from the gates"

I took that to be the reference to "duplication".
Creating what may become a nomansland never sounds a good idea. What happens over time when the 1m fence is vandalised and the rubbish continues to be dumped in the gap? Reading other posts on here it seems to me a classic recipe for losing the strip over time.
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Re: Fence 'adjacent to highway'

Postby MacadamB53 » Wed Mar 19, 2014 12:48 pm

Hi Cliff,

How do you think the OP might lose the strip?
You mention a 1m fence being vandalised - why?

Kind regards, Mac
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Re: Fence 'adjacent to highway'

Postby ukmicky » Wed Mar 19, 2014 8:34 pm

Apply for planning permision to erect a six foot fence you may get it. They can grant it and wont turn it down simply to turn it down.

Or if the gates are metal weld then closed.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Fence 'adjacent to highway'

Postby arborlad » Wed Mar 19, 2014 9:55 pm

ukmicky wrote:Apply for planning permision to erect a six foot fence you may get it. They can grant it and wont turn it down simply to turn it down. .


That's true, worth a try, and no duplication. I know the OP claims to have an alternative access, but fly-tipping aside, fencing off an access point to a highway doesn't seem correct - but we don't know the full circumstances.
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Re: Fence 'adjacent to highway'

Postby mugwump » Thu Mar 20, 2014 8:50 am

Maybe a better idea is to sink some concrete posts either side of the gates to prevent them being opened. At least this is reversible with a bit of effort - more than a fly-tipper is willing to put in
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Re: Fence 'adjacent to highway'

Postby Clifford Pope » Thu Mar 20, 2014 10:55 am

MacadamB53 wrote:Hi Cliff,

How do you think the OP might lose the strip?
You mention a 1m fence being vandalised - why?

Kind regards, Mac



Because that's what happens to neglected forgotten-about strips, as judged by other threads on this forum.

Because we have already been told that people climb over the gate and dump garden rubbish. They will climb over a 1m fence, break it down, dump rubbish, other people will see a dump, add the odd fridge etc. The OP will be helpless because he will be fenced off by his other 2m fence, with no gate access to the area.

Just imagining the worst, as we often here about on this forum :)
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