Planning requirement for 1.8M panelled fence?

[Topic63]

I would like some definitive answers to what to me is a simple matter, however my local planning office (Telford & Wrekin Council) are making it very difficult and costly.

Background: We live down a private side access road, to the front of the property’s boundary is a public footpath, beyond this is the main road so we have no access from our drive onto any road or highway.

Between our property and next door on the right is a 1M old picket fence, we would like to replace this with a more sturdy 1.8M/2M panelled fence in keeping with all of the other fences around he boundary.

The council want me to submit an application plus a ridiculous £206 charge, plus all the plans of various types and dimensions for them to assess the proposed changes???

Initially the cost I was given was just short of £17.00, this then increased to a £50 standard application cost, it has now for some bizarre & unknown reason increased to this ridiculous £206.00.

Am I well within my rights to replace this Picket fence with a 1.8/2.0m panelled fence without the need for planning?

We are not in any conservation area, we are not next to any listed buildings, the property was built around 1999 - Why are the planning department being so difficult?

[ProDave]

The rules changed a while back but generally now if a fence is "adjacent to a highway" then anything over 1M high needs planning permissions.

 

I can't tell from your description if this fence is "adjacent to a highway"  Perhaps a quick sketch would make it clear.

 

I would probably just do it.  The very worst that can happen is they try and enforce it, in which case you replace the 1.8m fence panel with a 1M high fence panel.  then plant a hedge behind it to grow to the height you want to give the screening you want.

[wozza]

I cant comment on your issue, but I can comment on Telford and Wrekin Council Planning - Bunch of ^&*%^

 

 

 

 

 

[Russell griffiths]

I cannot comment on your case, but you need to clarify the height 

it cannot be 1.8m/2.0m

its either 1.8m or 2m

i believe the old 6foot or 1.8 was the height you could go up to without needing planning except as Dave says adjacent to a highway 

so that 200mm could be important. 

 

 

I had an issue with a fence adjacent to a highway, they wanted me to submit an application when I showed the exact location was approximately 1.2 back from the highway they said i didn’t need planning. 

 

[Temp]

Would certainly help to see a sketch layout.

 

The rules and height limits are mentioned here.

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

 

4 hours ago, Topic63 said:

Between our property and next door on the right is a 1M old picket fence, we would like to replace this with a more sturdy 1.8M/2M panelled fence in keeping with all of the other fences around he boundary.

 

Normally a fence between two private properties less than 2m high does not need planning permission. However read the four bullet points in the link above to see if any apply.

 

Where such a fence meets the highway boundary it's normally acceptable to reduce/taped the height from 2m down to 1m over one or two panels.

 

 

[Topic63]

14 hours ago, ProDave said:

The rules changed a while back but generally now if a fence is "adjacent to a highway" then anything over 1M high needs planning permissions.

 

I can't tell from your description if this fence is "adjacent to a highway"  Perhaps a quick sketch would make it clear.

 

I would probably just do it.  The very worst that can happen is they try and enforce it, in which case you replace the 1.8m fence panel with a 1M high fence panel.  then plant a hedge behind it to grow to the height you want to give the screening you want.

 

The red line is the proposed new 1.8m fence, no where near a highway.

[Topic63]

10 hours ago, Temp said:

Would certainly help to see a sketch layout.

 

The rules and height limits are mentioned here.

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

 

 

Normally a fence between two private properties less than 2m high does not need planning permission. However read the four bullet points in the link above to see if any apply.

 

Where such a fence meets the highway boundary it's normally acceptable to reduce/taped the height from 2m down to 1m over one or two panels.

 

 

Drawing below.

[Russell griffiths]

I personally would just do it and wait to see if any ?hits the fan.  

But then again I’m a bit reckless. 

[Conor]

46 minutes ago, Topic63 said:

 

The red line is the proposed new 1.8m fence, no where near a highway.

 

Well, if that's a shared access up to the point where it meets your neighbours driveway, then yes, it is a highway, and the fence is adjacent to it, meaning planning would be required. I don't think the fact that it is private matters in this context (not in my experience, bit regions vary). I had similar query at my old house, I got clarification on whether the alleyway to our rear was a highway. They decided no, as there was no vehicular ROW established along it.

 

In my experience, if nobody complains, it'll be grand...

[Topic63]

There is no ROW as it’s not a through road, the access is also part of my boundary so how can it be classed as a highway in any sense of the word?

The only rights of access are for me and my neighbour only.

[ProDave]

Have you spoken to the neighbour? if so what do they say?

 

I presume it's a privacy issue you are trying to address?

[joe90]

Yes, tell the neighbour your doing it as it does not need planning permission, cite the above link if they argue. 

[Temp]

I agree, it should not need planning permission. The planners may argue that the left hand end "faces a highway" (the footpath not the shared driveway) but that's a stretch and at worse they might try and persuade you the left hand end should reduce down to 1m.

 

I strongly recommend you agree the exact line of the fence with the neighbour. I would start by paying £6 (£3 each) to download BOTH title plans from the Land Registry web site. The boundary appears to be curved?

 

PS There are a lot of fake Land Registry web sites that look more official than the real one which is here..

 

https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QuickEnquiryInit.do?_ga=2.142727921.539373621.1587135493-582981240.1579888153

 

You may need to set up an account.

 

 

 

[Carrerahill]

5 hours ago, Topic63 said:

 

The red line is the proposed new 1.8m fence, no where near a highway.

 

How do the council even know about it?

 

Are your neighbours on the other side and possibly beyond them happy with it? Is it a shared fence between you and neighbour? If so are they paying for 1/2 or are they at least being consulted? If so and everyone is happy then build it.

 

I have a 2.2m fence behind my garage, neighbour and I wanted it, we built it. Council would only ever see this fence if they were behind my garage on in neighbours garden and even then they would have to notice it, take offence and do something about it.

 

I think all to often people give planning the option to comment where frankly they can get knotted.

 

I do no condone upsetting people, putting up buildings, sheds etc. decking or fences that are going to upset or cause issue but if all parties impacted agree and there is no issue I see no reason why planning would be involved.

 

 

 

 

Edited April 17, 2020 by Carrerahill

[Topic63]

To be fair I shot myself in the foot thinking I would just check with the council, then regretted even bothering!

it started off with a £17.00 charge, this then changed to a standard application of £50.00 and then they wanted £206.00 for a full application......Feckin crazy! I don’t think they have any idea what they are doing to be fair and this just seems to be a money pit for them, I am convinced they would take my money only to turn around later to say I don’t need planning and they are happy for me to erect the fence......After taking my £50 or £206 of course!

To the left are hedges that can grow to whatever height they want, then a footpath then a further row of hedges before you even get to the road, so I can’t see them using this as an excuse/reason.

The current picket fence just looks nasty and gives no privacy if you carrying on outside the front of your house so the fence is required for a couple of reasons - Privacy & enhancement.

 

[joe90]

Nah, just do it and cite the above if any questions asked. After my experience with planners I would not pay them in washers. They told me things that were plain lies and it took an appeal to sort them out ( I won and the council were told they were not abiding by their own policies ?).