Garden Fencing - Planning Permission

Primrose85

Thanks everyone for your comments so far - you have all been very helpful.

Unfortunately I haven't had much success in speaking to anyone about it with the council - they always refer me to the website which isn't helpful as its too vague - I was hoping someone could give me an example of a similar situation.

I am aware of the section about the 1m height restrictions on fences by roads, however our new house just isn't that simple. A large single storey extension was added to the existing property and part of their planning permission was that they had to erect hedging along the length of the extension! This is now reaching around 7ft - but there is not nearly enough of it to hide anything - it doesn't stretch far enough to cover any of the back or front garden, which to me, totally contradicts what the council website says.

Blah! I better just try again, and hope I manage to speak to someone more helpful. What a lot of hassle for a pretty fence!

Mojisola

You won't be able to move the driveway without involving the council so persevere and ask about the fencing at the same time.

jimmy230

On many modern developments the landscaping and boundary treatments are often governed by planning conditions. If the property is relatively new, there might be a planning condition stating the maximum height of the boundary fences (which may be lower than the 1 or 2 metre height under the permitted development rules).

If there is a planning condition to this effect, or if you want to erect fences higher than 1 metre on the sides which front the highway, you will need to make a planning application.

ic

cyclonebri1 wrote: »

IC, not sure where your quote came from as something appears to have been deleted.

Huh? You quoted the link included in my post that shows where it came from - its information from a local council, explaining the planning laws on fences. I quoted the important bit.

It is important to note that a boundary line is that - a line describing where the land you own and are responsible for ends. It does not mean a fence has to be there. As I said earlier, often on corner plots clear areas are designed into an estate to allow drivers sight lines as they approach the give-way line at the junction. The planning laws exist to allow the council to consider such issues before deciding whether work should go ahead. Just because you seem to have gotten away with it without complaint doesn't mean planning isn't needed.

Here's a better link on this: http://www.planningportal.gov.uk/permission/commonprojects/fenceswallsgates

Fences, gates and garden walls

Planning Permission

You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:

• it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or
• your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition; or
• your house is a listed building or in the curtilage of a listed building.
• the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.

You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need conservation area consent to take down a fence, wall or gate.

You do not need planning permission for hedges as such, though if a planning condition or a covenant restricts planting (for example, on "open plan" estates, or where a driver's sight line could be blocked) you may need planning permission and/or other consent.

cyclonebri1

ic wrote: »

Huh? You quoted the link included in my post that shows where it came from - its information from a local council, explaining the planning laws on fences. I quoted the important bit.

Steady chap, just hadn't noticed the link, always reads easyer if you put the link in the text or at the end, easily missed at the start as I just proved

The reason we didn't apply for permission as per the portal link, is that it was a replacement rather than a height increase, permission we understand in that case was because the fence was to the side and not the front of the house, so it was granted when the house was built.;)

planning_officer

Sorry but there is quite a bit of dud advice above. Some of the later posts are accurate but most of the earlier ones are not.

It sounds like you're aware of the 1m maximum height of fencing adjacent to roads. Unless permitted development rights have been removed from your property, then 1m high fencing is ok, but any higher and you will need to apply for planning permission. The hedge you mention is irrelevant. Even though it may have been conditioned on a planning permission to be planted, once 5 years is up, you can do what you like to the hedge as landscaping conditions should only be for 5 years.

Don't assume that you will automatically be able to erect decent height fencing though - ask your Council for soem advice (you may have to pay, even for informal advice, but it will be less than the cost of a planning application).

You will also probably need planning permission to relocate your vehicular access. Different Councils interpret the permitted development legislation differently regarding accesses. Some would say that if it is unclassified road, then it may be permitted development (and would not require a planning application). Others interpret the wording literally, which only allows for new accesses if 'required' - and as you already have an access, a new one is not 'required' and hence you would need to apply for planning permission.

If you end up having to apply for planning permission, I imagine that your access was originally put around the side for a reason - is the road to the front busy? Would it be nearer to the road junction, which could be a problem and may result in it being refused.

Any new hardstanding to create a driveway could also need planning permission if it is located forward of the house, unless it is porous or drains naturally to a porous or permeable surface within the garden.

Primrose85

Thank you for your last post - only just noticed it.

I have put our plans on hold for the time being - never did get to speak to anyone at the council!

The driveway in the back garden backs out onto a fairly busy road. I just want to fence off that whole section. If it is fenced off, it will make no difference to drivers going past. The hedging that is already there restricts any views from the main road to my front garden area anyway. I also feel it looks rather untidy at the moment, fencing it would make it look lovely and neat!

I live in a cul de sac/square and we have a large front garden split into two sections. Around the rest of the square, most cars are parked off road in the front gardens. It is not too close to the main road to cause any problems - there is no 'kerb' and the area is graveled. Several cars already park right outside my front garden so if they can park there, then I don't see why I cant park IN my garden, if you get what I mean! I'd need to simply remove that section of fence and it would match the rest of the street.

This is so much more complicated than I ever imagined, haha!