Fence height for part of the fence

yappmaninc

Hi,
I am refencing some newly purchased land adjacent to my garden and I would like the first two panels to be higher than 2 metres (staggered to match the higher fence on my existing land at 3 metres).

I understand the legislature is 2 metres from the ground level it's built on, so my questions are:
1, Is there any wiggle room for a couple of panels instead of the whole fence?
2, does it make a difference that the two panels would be running beside steps from the higher garden to the lower?
3, should I just put a 2m fence and plant conifers or will it just be the same legal height issue?

Thanks in advance

greatcrested

1. No. The height limits are the height limits.

2. Don't understand the steps part. a) where are the steps and b) why would they make a difference? But basically the height is from ground level on the higher ground

3. conifers are trees, not fences. I don't believe there is a height restriction on trees. However, from my experience, conifers are a nightmare to maintain unless you meticulously cut them back every single year.

Slinky

Do I get the impression that the land on both sides of the proposed fence belongs to you? In which case I don't think it matters what height the fence is.

Davesnave

You may apply for planning permission to go higher than 2m, but doing so will incur a fee and there is no way to be sure permission will be given.

ProDave

Just do it.

The very worst that can happen is the planners get grumpy and order you to lower it.  Most likely they won't.

greatcrested

ProDave said:

Just do it.

The very worst that can happen is the planners get grumpy and order you to lower it.  Most likely they won't.

I take the same approach (more or less) when bombing up and down the M5.

yappmaninc

To clarify a few questions, higher fence runs at a right angle to the new fence, the new fence I own the land on one side, not the other.

The steps will run alongside the new fence for a panel or two where it joins the higher land,

greatcrested

To clarify my earlier response regarding height:

(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. 

https://www.legislation.gov.uk/uksi/2015/596/article/2/made

Given that you do not own the land on one side of the fence, although the Planners are unlikely to ever otherwise become aware, the other land-owner may complain, either to you and/or the planners.

Slinky

What's the situation with the land on the other side of the new fence?  We backed onto a public footpath and increased our fence height to about 8ft with trellis, as we'd been burgled over the previous lower fence. Nobody ever mentioned or complained about the height of our fence as nobody cared, it didn't adversely affect anybody (apart from would-be burglars).

yappmaninc

Slinky said:

What's the situation with the land on the other side of the new fence?  We backed onto a public footpath and increased our fence height to about 8ft with trellis, as we'd been burgled over the previous lower fence. Nobody ever mentioned or complained about the height of our fence as nobody cared, it didn't adversely affect anybody (apart from would-be burglars).

It's the neighbors garden and they won't budge on 2m

princeofpounds

yappmaninc said:

Hi,
I am refencing some newly purchased land adjacent to my garden and I would like the first two panels to be higher than 2 metres (staggered to match the higher fence on my existing land at 3 metres).

I understand the legislature is 2 metres from the ground level it's built on, so my questions are:
1, Is there any wiggle room for a couple of panels instead of the whole fence?
2, does it make a difference that the two panels would be running beside steps from the higher garden to the lower?
3, should I just put a 2m fence and plant conifers or will it just be the same legal height issue?

Thanks in advance

No, no wiggle room. Although in the most minor of breaches the local authority may decide not to enforce planning restrictions.

No, no difference.

Don't plant conifers, especially not the god-awful leylandii. Horrible, horrible trees. Grow too fast, block out too much light, kill everything underneath them, and they don't recover from errors in trimming that go past the thin layer of green. Don't forget there is high hedge legislation which also applies to rows of conifers. There are much better trees to screen with.