Back garden fence query

[CW85]

Hi

We're looking for some advice. We have recently changed our back garden fence and trees to a 6ft fence as the trees had started to die and needed replacing. The trees were around 7ft tall. When doing this we asked all those who quoted if we needed planning permission and they all said no. Our neighbours are trying to put a fence into their garden and require planning due to it being yheir front garden and directly adjacent to a highway. Because of this they've questioned our fence. Our fence is adjacent to an unmaintained grass verge which is then adjacent to an access road for houses in the top of our cul de sac. Also not maintained. The planning department have sent us a letter about needing permission but on speaking to them they have said that we can do nothing if we want but if they have another enquiry they would look at it again. So we're now really confused as to whether we need planning permission or not. Any advice?

 

Also are they rules on fences between properties? Our property sits higher than both our neighbours so we wondered if a fence on our side is OK to sit at the height of our garden or if that would again cause a problem?

 

Thanks for you help 

[jack]

Welcome to BuildHub.

 

If planning isn't doing anything about it, I'd just ignore it for the moment. You'll have plenty of notice if things get serious, and I wouldn't make any effort until that happens.

[AliG]

I have often wondered about what does it mean for a fence to be "adjacent" or "next" to a highway as this seems ill defined.

 

In your case an access road is a "highway", a highway is just any kind of road with public access.

 

I found this which contains some case law on the subject

 

https://www.planningresource.co.uk/article/1209017/general-permitted-development-order-part---2-q---dcp-section-434

 

In truth it doesn't sound like planing would be too concerned about it, at worst they might ask for you to make a retrospective application if someone else complains.

 

Are the trees inside or outside the fence? If there are trees outside the fence then they would probably mark the boundary between the road and your property and two metres would be fine. If they are inside the fence then it might have needed permission unless the verge is extremely wide. I am assuming the fence is taller than the one it replaced, if it is the same height then no change has occurred and no permission is needed.

 

In terms of a fence between properties, they should take the natural ground level where it sits. If there is a big drop on one side, then the higher height would be used. If your neighbour's garden slopes gently away from the fence that is not relevant as it is the height of the ground the fence is on that matters, not a distance away from the fence.

 

 

[ProDave]

I remember a case on here where someone put up a 2M fence just off the highway.  There was a path, then a grass verge then the fence.  A planning inspector visited, stood on the public foortpah and reached out as far as he could. He could not touch the fence.  Therefore he deemed it not to be "adjacent" to the highway and took no action.

[joe90]

10 hours ago, CW85 said:

Our fence is adjacent to an unmaintained grass verge which is then adjacent to an access road for houses in the top of our cul de sac. Also not maintained

Sounds like your fence does not need planning, verge then Unmaintained road, either deems it  not required IMO.

in a huge housing estate called Yate near Bristol many houses are built back to front, road leads to garage and back door, everyone has tall fences. Front door leads on to footpaths (no roads) and fences not allowed??????

Edited April 24, 2021 by joe90

[CW85]

Thank you for the replies. Its the adjacent that seems unclear. The trees were planted along the inside of the old fence and it was shorter than 2m but higher than 1m as it was taller than my kids who are around 1.2m. The grass verge is narrow around about 0.8m wide. 

I think for us it just seems strange for them to send us a letter but say that we can leave it unless they have another enquiry. 

Thanks again

[CW85]

2 hours ago, ProDave said:

I remember a case on here where someone put up a 2M fence just off the highway.  There was a path, then a grass verge then the fence.  A planning inspector visited, stood on the public foortpah and reached out as far as he could. He could not touch the fence.  Therefore he deemed it not to be "adjacent" to the highway and took no action.

I read about this case. I can't touch the fence from the road. 

[Russell griffiths]

We had this also council wanted planning for a fence as on the plan it looked like it was right against a small lane, but in reality the thickness of a pencil line on the council plans was actually nearly two metres. 

The guy from the council looked and said that adjacent would have actually been right against the highway. 

 

I think in effect what what they are concerned about is a fence that could cause visibility issues. 

[Temp]

9 hours ago, CW85 said:

Thank you for the replies. Its the adjacent that seems unclear. The trees were planted along the inside of the old fence and it was shorter than 2m but higher than 1m as it was taller than my kids who are around 1.2m. The grass verge is narrow around about 0.8m wide. 

I think for us it just seems strange for them to send us a letter but say that we can leave it unless they have another enquiry. 

Thanks again

 

Its possible you do need planning permission but the planners feel it would probably be granted if you applied. In such circumstances some councils will insist on an application to get the fee. Others will ignore the breech unless they get complaints and at that point they feel obliged to ask for a planning application just so they can tell the person complaining its all been done by the book.

 

Best let sleeping dogs lie and hope your neighbour does likewise.

Edited April 24, 2021 by Temp

[Temp]

22 hours ago, CW85 said:

Also are they rules on fences between properties? Our property sits higher than both our neighbours so we wondered if a fence on our side is OK to sit at the height of our garden or if that would again cause a problem?

 

You dont normally need planning permission for a fence between houses unless permitted development rights were removed when the house was granted permission. In some cases permitted development rights are removed on whole areas.

 

Normally the height is measured from the highest ground immediately adjacent to the fence/building. 

 

So in short you should be ok.