Maximum fence height with two-tier garden

Section62

TDPIX said:

Yes I agree it's unlikely to be an issue unless someone complained and the council enforced it, but it's good to know.

Definitely this.  But reading through some of the responses you've had (which can only be based on the diagram you posted) it is worth pointing out that the likelihood someone will complain will depend on how much they are impacted.

It isn't possible for us to tell how much the lower neighbour would be impacted from that diagram alone, so assessments here of whether other people will object are at best guesswork.

E.g. it could make a significant difference whether the neighbour's rear garden is south facing or not.

As there are no measurements on the diagram I assume you've not drawn it to scale. The horizontal distance between the features is just as important as their height in determining impact on views and light, and without knowing these it is difficult to make a meaningful assessment of impact.

So make sure you do as Slinky suggests and speak to the neighbour before spending money on a fence you might have to tear down again. (and don't forget to check for covenants and planning conditions as well)

Mojisola

Section62 said:

I see your 'leylandii', and raise you 'Section 65 of the Anti-social Behaviour Act 2003' *

Which (along with other factors) defines a 'high hedge' as one more than -> 2 metres <- tall.

But, in practice, only cases of extremely high hedges result in any legal action and, even then, don't usually force the hedge owner to reduce the height to 2m.

Section62

Mojisola said:

But, in practice, only cases of extremely high hedges result in any legal action and, even then, don't usually force the hedge owner to reduce the height to 2m.

Sure, but 'revenge hedges' are the ones most likely to see the council consider action.  And the right of individuals to object to planning applications/breaches without fear of reprisals is something taken seriously by local authorities.

Intimating that a neighbour could be cowed into not objecting to an unlawfully high fence under threat of getting a higher hedge instead is not a very sensible approach, especially on this lovely friendly money saving website.

Jeepers_Creepers

Section62 said:

Mojisola said:

But, in practice, only cases of extremely high hedges result in any legal action and, even then, don't usually force the hedge owner to reduce the height to 2m.

Sure, but 'revenge hedges' are the ones most likely to see the council consider action.  And the right of individuals to object to planning applications/breaches without fear of reprisals is something taken seriously by local authorities.

Intimating that a neighbour could be cowed into not objecting to an unlawfully high fence under threat of getting a higher hedge instead is not a very sensible approach, especially on this lovely friendly money saving website.

Listen, pal - just because I was holding you up by the lapels as I breathed 'leylandii' menacingly into your shell-like, doesn't mean I was being 'threatening'. I merely meant that I'd have my privacy, one way or another...

Anyhoo, Portuguese Laurels are prettier.

Mojisola

Section62 said:

Mojisola said:

But, in practice, only cases of extremely high hedges result in any legal action and, even then, don't usually force the hedge owner to reduce the height to 2m.

Sure, but 'revenge hedges' are the ones most likely to see the council consider action.  And the right of individuals to object to planning applications/breaches without fear of reprisals is something taken seriously by local authorities.

Intimating that a neighbour could be cowed into not objecting to an unlawfully high fence under threat of getting a higher hedge instead is not a very sensible approach, especially on this lovely friendly money saving website.

I don't think there's any suggestion that the OP wants a massive hedge between them and the neighbours.  A higher fence on the upper terrace or a higher hedge along the lower fence line would give both sides privacy. 
My relatives had a house in the lower position - their higher neighbours could look into all the windows of the house, not just the upstairs - that's also the case for the OP's neighbours. Extra privacy is likely to be appreciated by them. 

Section62

Mojisola said:

I don't think there's any suggestion that the OP wants a massive hedge between them and the neighbours.

Exactly.

Mojisola said:

Extra privacy is likely to be appreciated by them. 

Possibly, but everyone is different.  One person's 'privacy' is another's 'like living in a prison'.

The planning rules about space around buildings, views, and heights of fences etc aren't just arbitrary. The feeling of light and space is important to the wellbeing of the majority of people (but not everyone).

The planning system tries to balance the issues of privacy against the need for light and space.  The PD rules have been devised to set out a sensible balance between the two in the majority of situations.

If the OP wants more privacy than a 2m fence would provide then the planning system has a means of considering that balance on a case-specific basis.  All the OP would need to do is to apply for planning consent and a neutral party will make a decision - taking into account any objections from neighbours. If the proposal isn't unreasonable and if no neighbours object, then no problem.

Or the OP could speak to the neighbours informally, and just put the fence up if none of them have any concerns. (albeit with a risk of later legal consequences)

There's simply no need to bring massive hedges into the equation.

Mojisola

Section62 said:

There's simply no need to bring massive hedges into the equation.

Except that a hedge along the lower garden fence line would mean the OP wouldn't be shut in by a 2m wooden fence close to their house.

That hedge doesn't need to be massive to provide privacy for both neighbours.

Section62

Mojisola said:

Except that a hedge along the lower garden fence line would mean the OP wouldn't be shut in by a 2m wooden fence close to their house.

That hedge doesn't need to be massive to provide privacy for both neighbours.

We don't know that because we don't know the levels, heights and distances involved. It is also unclear how 'close' the nearer fence would be to the OP's house.

If the OP's diagram is to scale then the existing boundary fence is around 3.2m already - and if that isn't enough for privacy reasons then how much higher would the theoretical hedge need to be?

Rather than guesswork and wacky proposals, the OP has a much easier route - calculate/measure the required height of features in either position to give them their personally desired level of privacy, then speak to the neighbours to find out if they have any objections.

If objections are likely, and the fence needs to be more than 2m, then consider applying for planning consent to avoid the risk of enforcement action or 'legal' problems when selling the property.

Slinky

The other thing you could consider is trellis on the higher section with climbing roses or similar creating a screen rather than a solid fence. This would probably let light through whilst obscuring enough of the privacy issues in both directions.

TDPIX

Section62 said:

Mojisola said:

Except that a hedge along the lower garden fence line would mean the OP wouldn't be shut in by a 2m wooden fence close to their house.

That hedge doesn't need to be massive to provide privacy for both neighbours.

We don't know that because we don't know the levels, heights and distances involved. It is also unclear how 'close' the nearer fence would be to the OP's house.

If the OP's diagram is to scale then the existing boundary fence is around 3.2m already - and if that isn't enough for privacy reasons then how much higher would the theoretical hedge need to be?

Rather than guesswork and wacky proposals, the OP has a much easier route - calculate/measure the required height of features in either position to give them their personally desired level of privacy, then speak to the neighbours to find out if they have any objections.

If objections are likely, and the fence needs to be more than 2m, then consider applying for planning consent to avoid the risk of enforcement action or 'legal' problems when selling the property.

Just catching up with the thread, thanks for all the helpful replies everyone 🙂

It's not currently to scale. I'm going to get more exact measurements this weekend, but my initial educated guess is that the boundary fence is around 2m high - and the retaining wall (on top of which there's a small metal fence) is also currently around 2m high.