Corner plot fence position

Corner plot fence position

Postby evoman76 » Wed Apr 29, 2015 12:24 pm

Hi

I am in the process of buying a new house which is a corner plot. At the moment the fence is close to the house which leaves a lot of garden not enclosed by the fence. We want to maximise the garden space behing the house as much as we can.

Now i have searched everywhere about what position we can put a fence up in, I understand we cant be higher than 1m next to the path, but how far away from the path do I need to go inorder to put up a 2m fence ?

Also someone mentioned about line of sight for traffice, but I cant find any rules on this.

We are based in maidstone and the planning site doesnt tell me anything. Can someone please advise what the rules are as to speak to a planner would csot me £80 !

Thanks

David
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Re: Corner plot fence position

Postby Collaborate » Wed Apr 29, 2015 12:46 pm

Taken from this http://www.planningresource.co.uk/artic ... ection-434 website:

The point here is that if not deemed to be "adjacent" to a public highway this fence would be permitted development by virtue of Part 2 of the General Permitted Development Order 1995. This question has arisen at appeal several times and Development Control Practice at (12.31) contains a number of relevant case summaries. The thrust of these decisions is that a wall or fence may be sited back from the edge of a highway and still be "adjacent" to it provided that the function of the enclosure is clearly to define the boundary of the property concerned from the highway. As each situation is different there is no common standard for setback distance that may be deduced from cases. An appeal decision from Tunbridge Wells determined last month is of interest as here an inspector concluded that an enclosure which lay 1.7m behind a footway was not adjacent to it. The situation here was that there was a substantial bed containing young trees and shrubs in front of the fence in dispute. The inspector felt that this bed was a feature of some substance in its own right separating the fence from the footway. In addition the inspector averred that the distance which separated the fence from a person standing on the footway was such that the person could not touch the fence without entering the land belonging to the property. This he argued meant that there was no sense of "immediacy or proximity" of the fence. I look forward to this inspector's "arms length" standard being introduced in future disputes of this type!

From this http://www.mineralandwasteplanning.co.u ... explained/ website:

Class A, Part 2 of Schedule 2 to the GPDO permitted walls up to 1m in height constructed adjacent to the highway and 2m in other cases. The matter in dispute was whether the 1.8m to 2m walls were adjacent to the highway. The appellant relied on the setback from the pavement edge and the planted strip on the road side of the wall.


The inspector explained that the position established through the courts was that the word "adjacent" did not mean that the fence had to be abutting or touching the highway. The leading case which established this authority was Simmonds v SSE and Rochdale MDC [1981]. In that case the fence was set back from the site boundary and pavement by just over 1m. The minimum distance of the set back of the front wall in the appeal case was said by the appellant to be about 1.16m which, the inspector noted, was very similar to the Rochdale situation. It increased to about 1.4m but it was necessary to consider the development as a whole. He found that the front wall had been erected adjacent to the highway in the accepted legal sense.
The side walls were no more than 2m in height and the appellant asserted that they did not require planning permission. The inspector considered, however, that they were part and parcel of a single act of development. He ruled that the development in its entirety amounted to a breach of planning control.

Finding that the walls had caused material harm to the street scene and highway safety, the inspector upheld the enforcement notice requiring their removal.


This from a Borough Council website http://www.broxtowe.gov.uk/media/pdf/o/ ... s_2007.pdf says they'll treat everything within 2 metres as being adjacent, but it seems to me that each case is decided on its merits. If you do a bit more searching on google (the above took me around 5 mins) I'm sure more examples will crop up.
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Re: Corner plot fence position

Postby span » Wed Apr 29, 2015 12:50 pm

Install a hedge instead any u needn't worry about all that.
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Re: Corner plot fence position

Postby Clifford Pope » Wed Apr 29, 2015 1:53 pm

span wrote:Install a hedge instead any u needn't worry about all that.


Then after a few years a quick-growing hedge will become "a feature of some substance in its own right " and you can build the fence anyway.
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Re: Corner plot fence position

Postby mr sheen » Wed Apr 29, 2015 5:49 pm

Often on new developments there are clauses that restrict what you can do with fences and the land surrounding the house as a result of landscaping etc in the planning. Also all permitted development is often removed and any changes may be subject to planning. You should check with your solicitors.
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Re: Corner plot fence position

Postby evoman76 » Thu Apr 30, 2015 4:24 pm

Thansk for your replies, a hedge does seem the simplist option, just seems stupid that you can do that but not a fence !!

Just wish there was a standard set of rules that people could look at and follow. The amount of houses I have seen that presumably have just put a fence up next to the highway that is 2m is unbelievable. Just want to make sure i do the right thing !
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Re: Corner plot fence position

Postby Collaborate » Thu Apr 30, 2015 6:01 pm

evoman76 wrote: The amount of houses I have seen that presumably have just put a fence up next to the highway that is 2m is unbelievable. Just want to make sure i do the right thing !


They may actually have PP for those fences. Just because it's not permitted development doesn't mean to say that PP will always be refused.
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