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Regulations about fencing height.

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pineapple
pineapple Posts: 6,934 Forumite
Part of the Furniture 1,000 Posts Name Dropper
Traffic coming downhill into the village has a glorious view of my garden and I was thinking of having some rustic fencing fitted along the top of my old stone wall to give some privacy.. Not sure whether the 1 metre rule or 2 metre rule applies as the stretch borders a private farm lane - but the lane does join the road at the end of the stretch.
However even 2 metres might not be adequate in terms of overall height.
Just wondered - does privacy netting count as fencing? I thought I could maybe put some of that up while waiting for planting to grow to a decent screen.
I can't see there would be any problems if I DID have to apply for planning permission as it wouldn't affect neighbours or traffic line of sight. Just don't want the rigmarole of it.

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  • FreeBear
    FreeBear Posts: 18,195 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls
    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

    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.

    If the lane is privately owned, and is purely to access the farm, I wouldn't have thought it would be classed as a highway.
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  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,268 Forumite
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    edited 28 July 2017 at 10:33AM
    According to our council a farm track isn't a highway unless it's a public right of way.

    If you contacted the local planning dept they should be able to advise, I sent an email with the details and they replied back to say we could put up a 2m fence.
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  • pineapple
    pineapple Posts: 6,934 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 28 July 2017 at 2:29PM
    I do realise a private farm lane is not a public highway. My point was that the lane and my garden join the road. The Planning Portal quoted above says you will need permission for over 2 metres if you are 'next to' the road - which is a bit vague. This site is more specific in that it says if your fence borders or adjoins a public highway then the 2 metre maximum applies. https://thecrimepreventionwebsite.com/garden-boundaries-fences-and-defensive-plants/614/the-uk-law-concerning-fences-walls-and-gates/
    Well I do 'adjoin'. My garden/wall and the farm lane butt onto the public road.
    But in any case you can't go above 2 metres anywhere without planning permission. The irony is you can go well above 2 metres with shrubs and trees so long as they are not causing any issues. I know people with solid walls of green 15 foot and higher.
    If I put some privacy netting above the wall does it count as a fence re the 2 metre rule?
  • Slinky
    Slinky Posts: 11,011 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Our fence is 6ft panels on top of 6 inch high gravel boards with bricks below to keep the wood off the ground. We also put 18 inch high trellis all along the top as we back onto a public footpath (no road) to stop people climbing over (we were burgled many years ago over this fence). Nobody has ever said anything or complained. It's been like that over 10 years now.

    In your situation I'd just get on with it and do what I wanted, if it's just a farm track on the other side of the fence, likelihood is nobody will say anything IMO.

    You could ask the farm owner if it bothers them, if it doesn't what does it matter to anybody else.
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  • pineapple
    pineapple Posts: 6,934 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Thanks slinky.
    I live in an out of the way place and everyone completely ignores planning restrictions - my farmer neighbour being the worst! Plus it wouldn't impede his view pulling out.
  • martinsurrey
    martinsurrey Posts: 3,368 Forumite
    pineapple wrote: »
    Thanks slinky.
    I live in an out of the way place and everyone completely ignores planning restrictions - my farmer neighbour being the worst! Plus it wouldn't impede his view pulling out.

    In a case like this I would take planning permissions with a pinch of salt.

    First thing to realize, is that no building is illegal, UNTIL a court has ruled that it is, and even then only after you don't take remedial action, and it costs a fortune for a council to get as far as court.

    Second thing is that while planning departments are there to stop people doing things that are against planning rules, they mainly want to stop breaches that adversely effect someone in some way.

    Third, in my area at least, the planning department wont even look at something until someone has complained, and then, they will only take action if the breach is a) dangerous or b) has a significant adverse effect on someone or some property.

    In your case, as long as visability of the road doesn't get any worse you're very unlikely to get any complaints.

    I would just build what you want, build it to a high standard, and accept that down the line you might need to get retrospective planning if someone complains (but its easier to get forgiveness than it is to get permission), but its highly unlikely.
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