Roadside Fence Height

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Ironwill
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Roadside Fence Height

Post by Ironwill » Tue Aug 29, 2017 9:30 pm

Hi,

My partner and I are having some trouble with our local authority. Long story short, we have a 6' roadside fence they're threatening to take enforcement action on. We put it up, replacing a dilapidated 4' fence, while waiting for a planning decision we assumed (I know..) would be a formality. They turned it down on the basis it would be a "strident feature in the pastoral landscape".

Unfortunately, following the decision, I took rather bad advice to not appeal as it would "only stir things up" and they'd be unlikely to pursue such a trivial modification.

Our parish council clerk has told me of a planning course she attended where they studied a case where someone in a similar situation reduced their boundary fence to the permitted development height of 1M and erected a second 2M fence just behind it. (but crucially not touching it).

Apparently the authority had no power to dictate what he could or could not do did within his property, and had no option but to leave him to it.

So I have a twofold question - 1) Can anyone confirm this ?
(unfortunately the planning professional who gave the course she attended is away for a month)

2) Might there be any mileage in going to the planning department, telling them this is what I shall do if forced to but that I'd rather give them the opportunity to look at the new fence in situ and consider whether it really is as "strident" as they feared it might be before we all go down that farcical road, costing me money and making them look a bit silly ?

Will.

MacadamB53
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Re: Roadside Fence Height

Post by MacadamB53 » Tue Aug 29, 2017 9:45 pm

Hi Will,

1) Can anyone confirm this ?

I can confirm this is certainly not the case at all - how pointless would that make the legislation? and if it was the case that such a glaring loophole existed then the LPA would be aware and advise you to do this rather than spend time and money enforcing the law.

ask yourself - if it was the case, why are you not seeing many examples?

Kind regards, Mac

carina88
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Re: Roadside Fence Height

Post by carina88 » Fri Sep 01, 2017 1:45 pm

From our area planning officer dated 2 December 2008
I can confirm that general permitted Development Order(GDPO), allows for the erection of a fence up to 1 metre in height(measured from the lowest land level) adjacent to a footpath or road. A fence of up to 2 metres in height may subsequently be erected behind the 1 metre high fence, without the need for planning permission.(extract from his letter)

MacadamB53
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Re: Roadside Fence Height

Post by MacadamB53 » Fri Sep 01, 2017 2:39 pm

carina88 wrote:From our area planning officer dated 2 December 2008
I can confirm that general permitted Development Order(GDPO), allows for the erection of a fence up to 1 metre in height(measured from the lowest land level) adjacent to a footpath or road. A fence of up to 2 metres in height may subsequently be erected behind the 1 metre high fence, without the need for planning permission.(extract from his letter)
as is typical from planning officers, this does not state what you think because, equally, a fence up to 2 metres in height may subsequently be erected behind the 1 metre high fence, with the need for planning permission - it all depends on whether it is adjacent to the highway.

it is worth pointing out that "adjacent" means "near to" rather than "next to"

there are enough appeal decisions out there to make it quite clear you can't just erect two fences to bypass the law.

Kind regards, Mac

arborlad
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Re: Roadside Fence Height

Post by arborlad » Fri Sep 01, 2017 3:19 pm

Ironwill wrote:. Long story short, we have a 6' roadside fence they're threatening to take enforcement action on......................... They turned it down on the basis it would be a "strident feature in the pastoral landscape".


Any chance of a photo?
arborlad

smile...it confuses people

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