1m high fence on boundary with highway - but not so simple

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SammieB
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Joined: Fri Jan 27, 2012 9:28 pm

1m high fence on boundary with highway - but not so simple

Post by SammieB » Fri Jan 27, 2012 10:21 pm

Hi
Firstly, I apologise if this question has already been asked. I have had a look but couldn't see that it had.
We would like to erect a 1m high trellis fence on our front boundary with the highway in order to enclose our garden.
However, the complication arises from the fact that our house is built on a hillside and our front garden is retained by a 2.5ft wall.
Therefore whilst from our side the fence would just be 1m high from ground level, from the road side it would be 5.75ft.
Would we need to apply for planning permission for this?
Your advice would be much appreciated.
Kind regards
Sam

andrew54
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Re: 1m high fence on boundary with highway - but not so simp

Post by andrew54 » Sat Jan 28, 2012 10:42 am

This depends on how the planning authority interpret the regulations. Generally the height is measured from your land. Generally the height is measured from the original ground level. If your garden was recently 'built up' then you probably should get permission. It seems sensible to ask the planners, but it's likely they will say you should apply and see what happens.

pilman
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Re: 1m high fence on boundary with highway - but not so simp

Post by pilman » Sun Jan 29, 2012 12:58 pm

The argument to be made is that the permitted development rights refer to a maximum height of 1 metre when a fence is adjacent to a highway used by vehicular traffic.

If there is a brick wall that is actually adjacent to the highway used by vehicular traffic, the a 1 metre fence erected behind that brick wall could be up to 2 metres high depending on the interpretation of the word "adjacent".

It can also be argued that a pavement is a footpath and is therefore not a highway used by vehicular traffic.

All I am saying is that those are the words used in the Government Statutory Order which have never had a legal definition given to them.

There are council web-sites that state that 2 metre fences have to be set back 2 metres from a pavement while others say the set back should be 1 metre, but that is an interpretation only, as can be seen by those two different distances mentioned, as though they were legally defined and absolute.

You can ask the local council, but reading the permitted development rights can also be a way forward if you interpret the words used correctly.
PART 2
MINOR OPERATIONS

Class A
Permitted development
A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.

Development not permitted
A.1 Development is not permitted by Class A 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 one metre above ground level;

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

(c) the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; 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.

Alicia
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Re: 1m high fence on boundary with highway - but not so simp

Post by Alicia » Sun Jan 29, 2012 6:24 pm

Most councils seem to go with the 2m back being no longer adjacent to the highway. But not all. I did an application for a fence adjacent to a highway in Lichfield a few years ago, and there they were interpreting "adjacent to the highway" as being anywhere forward of the front elevation of the house. (It might no longer be Lichfield's planning policy)
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SammieB
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Joined: Fri Jan 27, 2012 9:28 pm

Re: 1m high fence on boundary with highway - but not so simp

Post by SammieB » Sun Jan 29, 2012 9:48 pm

Thank you for your replies, your advice is very much appreciated.
Kind regards
Sam

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