Moving a fence close to a boundary

Moving a fence close to a boundary

Postby rickon » Tue Jun 09, 2015 11:24 am

Hi chaps,

I'm buying a new build, which will have a decent sized garden that wraps around the house, but will have a wall between the back and front garden.

Ive asked the builders to not put the wall up, but the fence around the boundary instead. The response was that they'd need to go back for planning permission and it could put back the build if that was the case.

They said the best thing would be to knock the wall down after its built and then apply to put a fence up.
Ive had a look at the regs, and it looks like it'd need permission as the boundary is adjcent to the access road for 3 other homes.

Does anyone have experience of putting up a fence on such a boundary that is next to a very quiet road (1 to 2 cars a day)? The other reg that would possibly come into play would be the drivers line of site being obstructed.
Here's a photo of the plot:

The wall goes through the tree in the image, the new fence would go up against the boundary line.

Thanks

Ricks
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Re: Moving a fence close to a boundary

Postby Collaborate » Tue Jun 09, 2015 1:52 pm

You can erect a fence up to 1m high adjacent to highway, and 2m otherwise, under permitted development.

What does the PP for the development say about the boundary wall?
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Re: Moving a fence close to a boundary

Postby mr sheen » Tue Jun 09, 2015 2:12 pm

Brand new properties often cannot carry out works under permitted development and any changes need PP.
The positions of walls and fences was agreed between developer and LA at planning stage taking into account all safety considerations in relation to roads etc and many other factors. You can't assume you will get PP to move fence.
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Re: Moving a fence close to a boundary

Postby rickon » Tue Jun 09, 2015 2:34 pm

I'm in touch with planning at the moment, to look at do ability.

I spoke to the builder and they said the architect had to put the wall in there for the planners. A change would need to go back to planning, which could delay the build.

Is somewhere considered adjacent to a highway if that area is the back of car parking spaces? Which have about 2m until it becomes a road.
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Re: Moving a fence close to a boundary

Postby MacadamB53 » Tue Jun 09, 2015 4:18 pm

Hi Ricks,

assuming PD have not been removed, you don't live in a conservation area, and that you want to erect a fence which is more than 1m tall, you will first need to establish whether the "access road" is a highway.

a highway is a route which the public have a right to use.
all known highways must appear on at least one of the following statutory records:

1. the 'List of Streets' - contains the names and locations of highways which are maintainable at public expense.
although it is a statutory requirement for each authority to include ALL highways (excluding eg motorways) in their patch which are maintainable at public expense many only include roads.

check to see if yours is on this list - many authorities publish theirs online...

2. the 'Definitive Map & Statement' - two documents to be read in conjunction with one another.
the first is a map with all minor highways (PROWs) plotted and named - footpaths, bridleways, byways, restricted byways.
the second is a list of the PROWs shown on the map with details of their routes, widths, gates, stiles, etc.

if your "access road" isn't on the 'List of Streets' you need to check for a PROW - you'll need to pay a visit to where your LA keep a copy of the 'Defintive Map & Statement' available - all you need to check is whether there's one on the map.

if you establish there is no record of the "access road" being a highway on either of these records then the final check is to find out whether one is due to be added - ask the LA for a list of their backlog.

if it's not in the backlog then the GPDO has granted planning permission for a fence up to 2m in height.

apologies for the long-winded response - just trying to cover everything for you.

Kind regards, Mac
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Re: Moving a fence close to a boundary

Postby rickon » Tue Jun 09, 2015 5:16 pm

The access road will have a street name, and will be accessed by others on the development, about 4 others.

Could we build a 1m fence and then attach a 1m trellis with a creeping plant against it?
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Re: Moving a fence close to a boundary

Postby MacadamB53 » Tue Jun 09, 2015 6:25 pm

rickon wrote:The access road will have a street name, and will be accessed by others on the development, about 4 others.

Could we build a 1m fence and then attach a 1m trellis with a creeping plant against it?

to clarify - the owners of, or visitors to, the properties off the access road using it to access those properties could never make the access road a highway - neither can a name being assigned to it.

this can only happen if:

1. the road is dedicated by the owner and accepted by the public
OR
2. the public (not owners/visitors) use it as of right for long enough (+20 years)

for new developments (which yours sounds like) it will be the former (unless there's an existing PROW) and will involve the developer and LA satisfying a statutory process - the first making the road up to the standards required by the LA and then dedicating it, the second accepting it on behalf of the public.

to answer your second point - based on the same assumptions as I mentioned before you will have permission to construct a fence that is no more than 1m in height - total height regardless of materials - if it is adjacent to the road and there is a highway across the same.

Kind regards, Mac
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