Any laws/restriction when erecting a driveway fence ?

Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Wed May 24, 2017 1:16 am

I plan to erect a 3ft high fence between my driveway and that of my neighbour, the full length of my driveway, roughly 20 ft long.

Both driveways are not shared and are totally independent but are side by side, currently without a fence.

My neighbours driveway is 8.5ft wide and due to shrubbery and a small wall on the far side, my neighbours, their family and visitors park their cars on the driveway in such a manner, that they walk up and down and congregate on my driveway so they can get in and out of their cars.

Request to stop using my driveway as a public right of access have been met with threats of violence.


A different neighbour, who knows about my plan to erect a fence has said, laws won't allow a fence to be erected as it will stop my neighbours from getting in and out of their cars when parked on their driveway.

The neighbours claims I must allow room, so car doors can be opened when parked on the driveway.


My house and my driveway are privately owned with a solid concrete driveway.

My neighbours driveway is a mix of broken paving slabs and bricks and is a Housing Association property.

Any fence, will be erected solely on my property, within the boundaries of my property.

I'm aware of fence height restrictions and I've also checked for restrictive covenants.

All other properties have a fence between driveways.

The fence, when erected won't obstruct vision of a road junction.

If of relevance, I'm with the UK, England.

So, will erecting a fence which will restrict the opening of car doors when parked on my neighbours driveway be breaking some kind of legislation ?
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Re: Any laws/restriction when erecting a driveway fence ?

Postby despair » Wed May 24, 2017 4:14 am

you can quite legally have a fence 2 metres high fwd of your house down the driveway but it must taper down to 1 metre at highway in order not to restrict sightlines

your neighbours are totally wrong and they have no right to walk on or congregate on your drive

I suspect they wont be at all happy but thats their problem
as they are Housing association tenants you should make the association aware of their antics and attitude and that
you will hold them responsible if your fence is damaged by their tenants

if you want to block the morons out of your life a 2 metre high fence bar the last panel would be more beneficial than 3 ft over which
they will likely be leaning and learing
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Wed May 24, 2017 6:04 am

Yeah, I've spoke to Housing Association, gathered diary and incidents reports, altercations and threats etc, Housing Ass say they have spoke to them, it was Housing Ass suggestion to install fence and are looking into it.

I thought of 3ft high fence as it maybe too low to lean on, I guess not to sit on though but at least I could see what's happening on the others side, also decided on 3ft high fence to keep cost low.

Although, I don't want to go to the troube and expense of erecting fence only for some legislation to force its removal.

It's a different neighbour, who lives opposite who claimed I could not erect the fence due to legislation.

The width of my neighbours driveway is only slightly smaller than my driveway but once I erect a fence, when my neighbours park cars on their own driveway, there'll be less room to open doors to get in and out than there is within a supermarket car parking space.

I know my neighbours are totally wrong to keep walking onto and up and down my driveway to get into and out of their cars but dispite my complaints, they and their visitors continue to do so, hence the fence.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby MacadamB53 » Wed May 24, 2017 8:52 am

Hi ElmerFudd,

the only legislation which is relevant is the Town and Country Planning (General Permitted Development) Order - either the 1995 order if you're in Wales, 2015 if you're in England - both of which have this to say on new garden fences:

Development not permitted
A.1 Development is not permitted... ...if—

(a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed... ...1 metre above ground level;

(b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed 2 metres above ground level;

...or...

(d) it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.


which means, unless you live in a listed building, your planned fence has been granted planning permission by the above legislation and your "knowledgeable" neighbour is anything but.

have you made sure your property is not burdened with a convenent (which would be in the deeds for the property rather than government legislation) to not build a fence?

if you have, and it isn't, build the fence.

if you have, and it is, you could still build the fence and thus breach the covenent. you just need to be mindful that an owner of a benefiting property may have the funds and will to take you to court over it.
but you could always take the fence down the day before you're due in court...

either way - covenant or not - your next door neighbours and visitors are trespassing on your land, and you don't have to afford them airspace for car doors, etc as suggested.

Kind regards, Mac
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Re: Any laws/restriction when erecting a driveway fence ?

Postby Collaborate » Wed May 24, 2017 9:17 am

Mac

OP states that all the other properties have fences between driveways, so it is highly unlikely that any restrictive covenant would be enforceable.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Wed May 24, 2017 1:44 pm

Mac
Thanks for such a detailed reply.

Yeah, I checked for restrictive covenants and there's no restriction for erecting a fence between properties.

Many years ago and before I moved in, the property next door did not have a driveway and their garden and my driveway was separated by a privet hedge, currently all around next doors property, next to the pavement is an unkempt 10ft high privet hedge and small trees.

Nearly all properties have some kind of separation between driveways, either a privet hedge of a fence, although my driveway is the only property that has driveways side by side.

I don't live in a listed building, neither is the Housing Association property next door, it's part of the same estate as my own property, built same time, just happens to be owned by a Housing Association.

So, the only requirement is the height of the fence adjacent to the highway, which I dont think will be a problem due to the current height of the privet hedge of my neighbours property, also, I don't plan to erect a fence higher than 3ft, well 900mm.
Last edited by ElmerFudd on Wed May 24, 2017 2:24 pm, edited 1 time in total.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby MacadamB53 » Wed May 24, 2017 2:23 pm

ElmerFudd wrote:Mac
Thanks for such a detailed reply.

Yeah, I checked for restrictive covenants and there's no restriction for erecting a fence between properties.

Many years ago and before I moved in, the property next door did not have a driveway and their garden and my driveway was separated by a privet hedge, currently all around next doors property, next to the pavement is a an unkempt 10ft high privet hedge and small trees.

Nearly all properties have some kind of separation between driveways, either a privet hedge of fence.

I don't live in a listed building, neither is the Housing Association property next door, it's part of the same estate as my own property, built same time, just happens to be owned by a Housing Association.
crack on then - get that fence up
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Re: Any laws/restriction when erecting a driveway fence ?

Postby despair » Wed May 24, 2017 4:52 pm

unless your able to collect fence panels yourself theres usually a delivery charge to pay so the difference between 3ft panels and 6ft ones is zip
it depends where you get them from

if money is tight you really can make a decent fence using palletts ...try freegle theres always someone offering them bcos when several coats of fence paint are slapped on them they are fine
just needs ingenuity you have the good side neighbour gets the bad side
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Wed May 24, 2017 5:42 pm

Money's not necessarily tight, just want to spend as little as possible but achieve the desired result.

Unless neighbours Housing Association come up with an option, my fence post will have to be bolted into my concrete driveway, another reason I can't really go beyond a 1 metre high fence.

It's not the cost of fence panels but the insertion of post into the ground if any higher than 1 meter.

I want the fence to be solid and robust but I'm limited due to my concrete driveway, probably the reason a fence has never been erected since the original privets were removed.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby despair » Wed May 24, 2017 6:52 pm

is there not enough space to use metal chain link posts because it is possible to attach panels to them by bolting 2cm square wood on either side
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Wed May 24, 2017 7:17 pm

Unsure what level of room is required but I'm interested in the chain link fence post idea, will have to look into it.

At present, any fence will do but it must be rigid to prevent my neighbours from defiantly sitting on it and causing it to sag.

My driveway is roughly 20ft long and close to 9ft wide, all concrete, no obstructions but fence post will have to be bolted onto the concrete, would prefer fence to be as thin as reasonable and realistically possible so not to cause too much of an obstacle on my drive.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby arborlad » Wed May 24, 2017 9:45 pm

ElmerFudd wrote:My driveway is roughly 20ft long and close to 9ft wide, all concrete, no obstructions but fence post will have to be bolted onto the concrete, would prefer fence to be as thin as reasonable and realistically possible so not to cause too much of an obstacle on my drive.




Does the driveway abut the boundary or is there a gap?..............railings are probably the best solution here, slim and sturdy and can be specified with bolt down feet.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Wed May 24, 2017 10:05 pm

Yeah, I was originally thinking of railings but would prefer a solid fence, although now considering a pointed top picket fence.

Both driveways abut each other, so no gap between my concrete and their paving stones.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby arborlad » Thu May 25, 2017 7:46 am

ElmerFudd wrote:Yeah, I was originally thinking of railings but would prefer a solid fence, although now considering a pointed top picket fence.

Both driveways abut each other, so no gap between my concrete and their paving stones.




.............then a featheredge fence with backrail and capping would suit, fair face towards the neighbour.
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Re: Any laws/restriction when erecting a driveway fence ?

Postby ElmerFudd » Thu May 25, 2017 11:46 am

Thanks, unsure as to what is meant by fair face towards the neighbours, though !
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