Fence height backing onto a highway

whattodo02

We have a back garden backing onto a main road. 6 months ago we had a car come through the fence crashing into the middle of our garden crushing our childrens play equipment. Thankfully our children were at school and not playing outside.
We have now finally replaced the whole fence as it was all ruined and what was left was blown down in the awful winds.
It has been erected to the same height (2m plus 2ft of trellis) as we thought you could have trellis ontop of a 2m high fence (and apparently so did 5 different fencing companies)
2 months after it was done we had a letter from the council saying somone had complained to them about the height. we telephoned them and the man said that it needs to be 2m high, that is the legal height.
yes we were annoyed but researched it and realised that the legal hight is 2m (including trellis) so we were happy (but annoyed) to take the trellis down.
we then received another letter from the council saying that as we are adjacent to a highway the legal height for a fence is 1m high!!
our garden is on a slope so our house is higher than the garden, so with a 1m high fence, people can see into our home, garden and i wont be able to relax with my children playing out in their own back garden, we wont be able to sit there without being seen, the dog will be able to jump the fence!?
I just wondered if anyone knows if this is right, a rear garden backing onto a path, then a 'highway' to only be 1m high??
Many thanks in advance

DevCoder

The government's planning portal states you need 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;

whattodo02

krisdorey wrote: »

The government's planning portal states you need planning permission

Sorry yes forgot to mention that they said we can apply for planning permission but no guarentee it will be accepted.
We cannot afford this extra cost

tired_dad

I am no expert so take anything I say with a pinch of salt.

My understanding is you have replaced a previous fence to the same height as before. Therefore you may be fine. Speak to an expert but if the old fence was there for a while, it can be assumed to be acceptable if no one complained. Assuming of course that you have replaced like for like with no change to the preexisting height.

whattodo02

tired_dad wrote: »

I am no expert so take anything I say with a pinch of salt.

My understanding is you have replaced a previous fence to the same height as before. Therefore you may be fine. Speak to an expert but if the old fence was there for a while, it can be assumed to be acceptable if no one complained. Assuming of course that you have replaced like for like with no change to the preexisting height.

it was 2.2m before full slats, no trellis. now it is 2m of slats with 2ft of trellis (so no change in height)
who is an expert that i should speak to please?

tired_dad

a lawyer ideally. Otherwise anyone in planning. Don't give them your address, just call saying your planning on replacing an existing fence to the same height.

Alternatively maybe some fencing contractors might be able to advise.

tired_dad

You did not say how long the previous fence was up for

Mojisola

You don't have to keep a hedge or plants cut down to 1m so, if the PP isn't forthcoming, get planting.

browneyedbazzi

2.2 metres (220cm) and 2 metres plus 2 feet are not the same height - 2 metres plus 2 feet is approximately 260 cm so 40cm higher.

Davesnave

Mojisola wrote: »

You don't have to keep a hedge or plants cut down to 1m so, if the PP isn't forthcoming, get planting.

It will cost more to replace the fence or plant screening shrubs than to apply for planning permission. Therefore, although you 'can't afford it,' it's possibly your best long term option.

The council should decide the matter by examining whether your tall fence could cause a danger by obscuring drivers' or pedestrians' view. It isn't rocket science, so you could probably judge yourself whether they might have grounds for refusal.

In any event it will help you spin things out, either to a successful conclusion, or till autumn, which is the cheapest time to buy screening, bare rooted.

tired_dad

browneyedbazzi wrote: »

2.2 metres (220cm) and 2 metres plus 2 feet are not the same height - 2 metres plus 2 feet is approximately 260 cm so 40cm higher.

yup, so OP has increased height by 40cm. Bang to rights. Try PP. If not remove the trellis and leave it at 2m.