Questions re planning permission for a railing

ethansmum

Can anyone advise or point me in the right direction please?

We have just had railings put up around our front garden that are 110cm high, we have just been informed by the neighbours that we should have got planning permission for it because it is over 100cm. It confirms with the cosmetic appearance of the rest of the houses in the area. Can our neighbour complain to the council and what would the consequenses be for us? Can we get retrospective planning permission and would be be fined for not getting it originally? Its only 10cm above the limit.

Thanks!

(I have posted this on the property board too, I didn't know where it should have gone so please feel free to move it.)

callmelinda

If you go here: http://www.planningportal.gov.uk/england/genpub/en/1115311947777.html and click on "Launch the Visual Guide for Householders" you can then see the image of the house and then click on the front wall for details on fences, walls and gates regulations.

You could also ask a the gardenlaw.co.uk website forum here: http://www.gardenlaw.co.uk/phpBB2/index.php and see what they suggest as it's all about similar issues.

And obviously you could run it past your council's planning department as a query on having railings of 110cm on your property and whether you have done something wrong.

cat79_2

Planning permission is not required for erecting a means of enclosure i.e fence, gate, railing up to 1m in height (100cm) which is within 20m of a road, and up to 2m in height elsewhere. If the railing is 110cm within 20m of a road then technically you would require planning permission for it. Normally we planning officers do not come round with our measuring tapes checking that you are not 1-2cm (or even 10cm) above this, as quite honestly we are very busy people. However I dont condone people carrying out work which is unauthorised, though many people such as yourself honestly carry out work without thinking permission is needed (though please check anyway, its worth it in the long run).

The issue for you is that your neighbour has picked up on this, (and must have been out with a measuring tape to know that you have put it up higher than it should be without pp), if they complain to the planning dept, it will be logged as an enforcement complaint, which MAY be investigated. The planning dept has the authority to request a retrospective planning application from you, i.e apply for the work you have already carried out, which will be open to objections from your neighbour or anybody else with an interest. If as you say the railing is in keeping and doesnt cause any road safety issues (visibility splays) then its likely planning permission would be granted and it would regularise the railing. If you dont apply retrospectively or planning permission is refused, the planning dept CAN enforce the removal of the railing. However they will only do this IF its in the public interest to do so, also dependant on how many complaints they receive. (However if your fence is refused I would remove it straight away, though you can appeal the decision, if you do this you can leave the fence up until a decision is issued on the appeal).

You wouldnt be fined, as such for the railing the cost to you would be a retropspective planning application (£130 in Scotland).

seven-day-weekend

Or you could lower the railing to 1m in height (if this is feasible) and then it becomes Permitted Development.

Nile

Hello ethansmum

I'll move your thread to the 'In my home' board.

Hi, Martin’s asked me to post this in these circumstances: I’ve asked Board Guides to move threads if they’ll receive a better response elsewhere(please see this rule) so this post/thread has been moved to another board, where it should get more replies. If you have any questions about this policy please email [EMAIL="abuse@moneysavingexpert.com"]abuse@moneysavingexpert.com[/EMAIL].

Regards

Nile

ethansmum

Cat79- thank you ever so much for such a detailed reply- It is much appreciated!

The railings don't interfere with visibility, its just our envious neighbours that are causing the problems.

BobProperty

Can I just ask cat and sdw to confirm this, but I think you are allowed to measure the height from the inside of your property so if your front garden is 10cm higher than the pavement then you are OK anyway. Could someone confirm?

cat79_2

height is measured from the piece of ground where it is erected (i.e on side of the property) , however regardless of changes in ground levels, 1.10m is 1.10m, and anything erected over 1m within 20m of a road requires planning permission. I fully agree with anyone who finds this fact a bit silly (to say the least) but thats the planning system for you.:rotfl:

wobbley

cat79 wrote:

Planning permission is not required for erecting a means of enclosure i.e fence, gate, railing up to 1m in height (100cm) which is within 20m of a road,

That may be true in Scotland but I think in England the rule is "adjacent to" or "adjoining" a highway (road or pavement) rather than 20m.

epz_2

not helpfull but i would be tempted to do somthing really annoying to the neighbour like get 100 evil looking gnomes all pointing at his house, see how they like that. they are obviously busybodies with to much time on their hands and if they have been on your property measuring stuff ask them to stay off in future.

danm

BobProperty wrote:

Can I just ask cat and sdw to confirm this, but I think you are allowed to measure the height from the inside of your property so if your front garden is 10cm higher than the pavement then you are OK anyway. Could someone confirm?

Agree with Bob. In the case where the houses are on a slope, and gardens may be on slightly different levels, you should measure from inside your boundary. If your neighbour has dug out his garden in any way, this will effect his measurement, but assuming you have not done the same, it may be <1.10 from your side.