1metre fence next to a 2metre fence?

1metre fence next to a 2metre fence?

Postby nuttyports » Tue Apr 08, 2014 7:04 pm

My back garden backs onto a highway (with no path) its a county highway - a lane which is used by vehicles to 2 properties. We've put a 1.8m fence up to provide security and privacy for our young family - I understand that this is subject to planning?? is there anyway we can get around that? can we put a 1 metre fence in front of the fence? we left about a foot around the boundary - so enough space to put a fence. If we can what sort of fence does it have to be? we put up a featheredge fence but not really bothered what sort of fence is in front of it because we won't see it :-) - we plan to put some sort of climbers up the fence so its visibly better, - HELP!
nuttyports
 
Posts: 6
Joined: Tue Apr 08, 2014 6:19 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: 1metre fence next to a 2metre fence?

Postby MacadamB53 » Tue Apr 08, 2014 8:42 pm

Hi nuttyports,

I understand that this is subject to planning?

If you mean it is a breach of planning law to erect such a fence without obtaining planning approval then you're right.

However, if your LPA don't issue your with an enforcement notice in the next four years the development is considered lawful.

What was there before?
Have you spoken to your LPA?

Kind regards, Mac
MacadamB53
 
Posts: 6023
Joined: Mon Dec 10, 2012 12:13 am

Re: 1metre fence next to a 2metre fence?

Postby nuttyports » Tue Apr 08, 2014 9:07 pm

Hi mac, enforcement has been notified by our neighbour, before the fence was erected was a previous fence and huge vegetation in excess of 3 metres high. The letter says that planning permission is likely to be refused in their opinion. What happens if I put a fence in front of mine? A 1 metre fence? As that will be adjacent to the highway and not my 1.8mtre fence????
nuttyports
 
Posts: 6
Joined: Tue Apr 08, 2014 6:19 am

Re: 1metre fence next to a 2metre fence?

Postby MacadamB53 » Tue Apr 08, 2014 9:36 pm

Hi nuttyports,

adjacent to the highway

the word 'adjacent' - meaning 'near to' - was chosen quite deliberately (adjoining means 'next to')
each LPA has it's own policy as to what constitutes 'near to' the highway.
typically 1m back from a carriageway is okay.
it sounds like your fence doesn't meet your LPA's policy.

Here's a thread which you might want to read:

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?f=6&t=18195&start=15

Kind regards, Mac
MacadamB53
 
Posts: 6023
Joined: Mon Dec 10, 2012 12:13 am

Re: 1metre fence next to a 2metre fence?

Postby despair » Wed Apr 09, 2014 1:01 pm

The entire issue of fences adjacent to highways is crazy

you can legitimately have a hedge to dizzy heights yet a fence can only be 1 metre high
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: 1metre fence next to a 2metre fence?

Postby MacadamB53 » Wed Apr 09, 2014 1:05 pm

despair wrote:The entire issue of fences adjacent to highways is crazy

you can legitimately have a hedge to dizzy heights yet a fence can only be 1 metre high

Hi despair,

One can have a fence to dizzy heights if one obtains approval or avoids an enforcement notice for four years.

Kind regards, Mac
MacadamB53
 
Posts: 6023
Joined: Mon Dec 10, 2012 12:13 am

Re: 1metre fence next to a 2metre fence?

Postby arborlad » Mon Jul 28, 2014 9:32 pm

Best stick to one thread.



nuttyports wrote:Can someone please let me know whether I can put a 1m fence in front of a 2m fence? My problem is I have a 2m fence adjacent to the highway, someone has complained! To get over the planning refusal (which we have been told is likely) can I put a 1m fence in front of it? - is there any law saying I can't? We have left just about enough space for this - it would look ridiculous but I'd rather the higher fence as our house is the last house on the highway down a county lane and our back garden is on the highway.
arborlad

smile...it confuses people
arborlad
 
Posts: 7382
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: 1metre fence next to a 2metre fence?

Postby nuttyports » Mon Jul 28, 2014 10:00 pm

I realise that shrubs, trees and hedges can grow to silly heights but I really want to know whether I can but a 1 metre fence on the highway in my boundary and then straight behind that put a 2 metre fence? A
nuttyports
 
Posts: 6
Joined: Tue Apr 08, 2014 6:19 am

Re: 1metre fence next to a 2metre fence?

Postby despair » Mon Jul 28, 2014 11:50 pm

You can put a 1 metre fence there but I doubt that means the planners wont take action now your neighbour has raised the issue

you really needed to leave the hedge in place and simply put your 1.80m fence your side of the hedge then no one would be bothered
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: 1metre fence next to a 2metre fence?

Postby nuttyports » Tue Jul 29, 2014 10:26 am

Bit late now and when I say hedge it was more like a mess of bramble bushes, yew (which hospitalised my child) and awful conifers. I don't regret removing them but not sure what the planners can enforce if I do put a smaller fence infront as this would then be adjacent to the highway???
nuttyports
 
Posts: 6
Joined: Tue Apr 08, 2014 6:19 am

Re: 1metre fence next to a 2metre fence?

Postby MacadamB53 » Tue Jul 29, 2014 11:39 am

Hi nutty,

best keep all this on the one thread...

MacadamB53 wrote:
nuttyports wrote:Can someone please let me know whether I can put a 1m fence in front of a 2m fence? My problem is I have a 2m fence adjacent to the highway, someone has complained! To get over the planning refusal (which we have been told is likely) can I put a 1m fence in front of it? - is there any law saying I can't? We have left just about enough space for this - it would look ridiculous but I'd rather the higher fence as our house is the last house on the highway down a county lane and our back garden is on the highway.

Hi nutty,

a 1m fence would be okay under permitted development, but I don't think installing one would alter the fact you have a 2m adjacent to highway (ie near to - not next to).

otherwise the legislation would be pointless wouldn't it...

could you modify the fence so it could be considered a very shallow shed? (I'm not asking I'm suggesting)

Kind regards, Mac
MacadamB53
 
Posts: 6023
Joined: Mon Dec 10, 2012 12:13 am

Re: 1metre fence next to a 2metre fence?

Postby arborlad » Wed Jul 30, 2014 8:24 am

nuttyports wrote:............ we put up a featheredge fence -



Are the rails towards you or the highway?
arborlad

smile...it confuses people
arborlad
 
Posts: 7382
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: 1metre fence next to a 2metre fence?

Postby nuttyports » Thu Aug 07, 2014 8:39 pm

The cant rails are facing inwards towards our house. Its one of those things that either bringing the fence inwards by 1 or even 2 metres would not make any difference to the visibility of the lane (we are on a corner). Highways do not have an issue with the height of the fence - the planners now say its an amenity aspect which we have offered to paint the fence and grow climbers, shrubs etc and they are still saying no it needs to be reduced. The problem is my child (3 years old) is taller than 1metre - what if he gets out and hit by the only other car that will travel down the lane (except for deliveries) - what if someone grabs him from the garden. I think he deserves the right to run around in his own garden without being on the view to the world and his dog walking by.
nuttyports
 
Posts: 6
Joined: Tue Apr 08, 2014 6:19 am

Re: 1metre fence next to a 2metre fence?

Postby MacadamB53 » Thu Aug 07, 2014 11:49 pm

Hi nutty,

how far from the pavement is the 2m fence?

Kind regards, Mac
MacadamB53
 
Posts: 6023
Joined: Mon Dec 10, 2012 12:13 am

Re: 1metre fence next to a 2metre fence?

Postby jonahinoz » Fri Aug 08, 2014 7:25 am

My back garden backs onto a highway (with no path) its a county highway - a lane which is used by vehicles to 2 properties.

Hi,

Are there no ways around the word HIGHWAY? Is this lane a public RoW? Thinking about it, a short strip of tarmac leading to a carpark serving a block of flats could, by that token, count as a highway, thereby preventing neighbours from having a secure side boundary. No doubt there are sillier examples.

John W
jonahinoz
 
Posts: 1342
Joined: Fri Aug 05, 2011 5:15 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Fences

Who is online

Users browsing this forum: No registered users and 4 guests