Height of wall query

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Daemon
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Height of wall query

Post by Daemon »

I live in semi detached and I am building a wall along my boundary down right side of house and all along the back garden. I'm getting mixed messages regarding the height of my brick wall pillars. I want it 2m or 6ft6in from my ground level which is about 3 to 4 courses of brick higher than neighbour on left and public path on right. My architect says go off lower level I.e public path. But that would leave me with paltry 4ft wall all along public path and neighbour garden on left. Which I find unacceptable. Architect went on further to say build it higher if I want and chance it with retrospective permission if need be. Even if I build it my height it's not gonna even be the highest wall in area. As neighbour straight out back has erected a massive 9ft fence a year back. Which I wasnt bothered with because it was for both our privacy. My brick wall wont even come close to covering.

Any help or advice would be most appreciated.
Collaborate
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Re: Height of wall query

Post by Collaborate »

Sounds like your garden level has been raised, in which case it's right that you take your measurements from the lower level. Remember - for privacy it's not about what you can see out, but what people can see in, and from next door and the other side they will still be looking at a 2m wall.
Daemon
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Re: Height of wall query

Post by Daemon »

Thanks for reply mate. A couple of further points. On the boundary line. The neighbour directly opposite the one with 9ft fence. On that same boundary has built prior to me moving in. A massive 10ft plus flat roof garage smack bang on my boundary. This garage also has the same public path running along side it. So even if I build my big wall it wont be the highest point on the public path or my boundary.

I have been in touch with a fellow poster from here. Pilman. Who has said it's this top point that determines the height.

From Pilman


"There is a web-site called Planning Jungle which posted a PDF about the 10 worse examples of Permitted Development.

This can be viewed on the following web-site:
https://www.molevalley.gov.uk/CausewayD ... cid=435467

See example 2 where the notes following the image of the flat roof building confirm that height is to be measured from the highest part of the surface next to where you intend to erect the fence.

The reference to Article 1(3) is now Article 1(2) of the 2015 version of the Town and Country Planning (General Permitted Development) (England) Order 2015.

"(2) Unless the context otherwise requires, any reference in this Order to the height of a building
or of plant or machinery is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it."




Regarding ground level been raised. I hear what you're saying. But back garden patio is same level as the floorboards of house, it's a 1930s semi. My front drive drops about 4ft to street level. House seems to be built on a hill. Why should I be penalised for not having 6ft walls just because path is lower?
Collaborate
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Re: Height of wall query

Post by Collaborate »

Either side of your garden the ground level is 3 or 4 courses of brick lower than your garden. The level of your floorboards is not the natural height of the land I'm afraid. Obviously no one has seen the lie of your garden, but I'd imagine your architect has, and if they are saying measure from the lower point it must be because they think your garden level is artificially high.

Re the link you posted (which is broken by the way) the heading for example 2 is “sloping natural ground level”

Working link (hopefully) is here https://www.molevalley.gov.uk/CausewayD ... cid=435467
Daemon
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Re: Height of wall query

Post by Daemon »

Thanks again for the time taken to reply collaborate mate. I really appreciate it. Yes by the sounds of it, it does seem artificially high. But the house is, was a old house before we gutted it and did it up. Not once did we raise the "ground level" of house.

I hear what you are saying about privacy working one way. Even if that's correct doesnt make it right mate. Why should I be seen in my garden by passers by on public path? At no fault to my own.

The link Pilman sent was to illustrate how bad buildings get permmited, and it's the height of the highest point on boundary that you go off. How is it right that I've got a 10ft plus bricked garage flush with my boundary. Actually protruding onto my land I reckon. But I cant build a wall and panels to hide the monstrosity and to keep passers by from gawping at me galavanting about half naked haha.

I going to take some pics when the founds are in. We pegging and digging over weekend.
Daemon
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Re: Height of wall query

Post by Daemon »

@pilman

Could you please clarify.
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Re: Height of wall query

Post by pilman »

Erecting a fence with a maximum height of 2 metres is permitted development.

The height is to be measured from the highest point of the existing original ground level.

Many times when building houses there had to be retaining walls erected to separate houses when the land was sloping.

It was quite normal to erect the 2 metre high wooden fences on top of the retaining wall which established the natural ground level of the higher land, so that the view from the higher house was a 2 metre high fence, although the lower house saw a 600mm retaining wall with a further 2 metre high wooden fence on top of it.

That is what will happen in the case being posted about here.

The worse that can happen is that the local planning authority could claim that this was a breach of planning control, but why would it bother when the levels of the land are visibly different heights and a neighbour has a high garage wall in close proximity to where the new fence is going to be erected.
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