Fencing for a back garden of a corner plot

Section62

john12111 said:

ProDave said:

In days gone by it would have needed planning permission if it was between the building line and the road.

But a while back it changed to if "adjacent to the highway" it can only be 1M high.  "Adjacent" is a very subject term and open to interpretation and misinterpretation.

But I have heard of several real cases where setting the fence 1 metre back from the highway, and the planning officer stands on the footpath and cannot touch the 2M high fence so determines it is not adjacent to the highway and so 2M fence is okay.

I want to go with either fencing or hedges as I am limited on the budget too. So to avoid issues, setting the fence back by a meter from the boundary is a safer option but then it will waste quite bit of garden space 

At 70 years old it is less likely there will be additional planning restrictions, assuming you aren't in a conservation area.  Have there been any planning applications (e.g. for extensions or business use) in more recent times, say within the last 30 years?

Bear in mind the 1m setback isn't a "rule".  What is meant by "adjacent" isn't explicitly defined and the inability of a planning officer to touch the fence isn't a guarantee that planning consent isn't required.  It depends on the circumstances of each case, and when dealing with corner plots where sightlines may be affected, "adjacent" can be interpreted as a lot more than 1m.

The safest approach would be to apply for a certificate of lawful development for the fence (only) - which should cost around £100.  If the council approve it then you can have your 2m fence on the boundary, and have documentary evidence to show any prospective buyers in the future.  If the council refuse the application then it will confirm that your new fence would potentially have been subject to enforcement action with the risk of you having to pay to have it replaced/relocated.

Giving up 1m of your garden on the basis of hopefully not needing planning consent doesn't really make sense.  Looking at it another way, if the council offered to sell you a 1m strip of land to add to your garden for only £100 most people would jump at the opportunity... so why effectively give up 1m of land simply to avoid paying a £100 fee?

hedgecutter1

Hi John,
How did you get on with this?
We are on a corner plot with a hedge surrounding our back garden. We want to remove the hedge (which is allowable) and replace with a 2m fence. Planning are being very unhelpful. The hedge is about 14ft and requires a lot of maintenance. Like you we thought a fence would be neater. Planning seem to have other ideas!

Section62

hedgecutter1 said:

Hi John,
How did you get on with this?
We are on a corner plot with a hedge surrounding our back garden. We want to remove the hedge (which is allowable) and replace with a 2m fence. Planning are being very unhelpful. The hedge is about 14ft and requires a lot of maintenance. Like you we thought a fence would be neater. Planning seem to have other ideas!

Hedges are better for the environment.

If the council are saying you need to apply for planning consent because this isn't permitted development then you need to apply for planning consent if you want to proceed.  The Planning department's core job is to make sure people get planning consent before doing work, if it is required.