ChrisOli Posted March 30, 2022 Share Posted March 30, 2022 Hi - im looking for some help and advice. I was unaware that I would need planning permission to add a fence topper to my existing wall and for our new brick pillars and wooden gates, however I now know I have made mistake due to a footpath running adjacent to my walls (its corner house) and any fence etc can only go a meter high. We applied for retrospective planning which was declined. I have now received an Enforcement Letter to take my fence, pillars and gates down My question is: What is clsssed as adjacent? Could I remove my fence from the top of my wall and put it on posts behind it thus the wall is adjacent but the fence not? Also - How far from a footpath or road do i need to come onto my land to rebuild my pillars and gate to be over 1m? Any advice welcome Link to comment Share on other sites More sharing options...
saveasteading Posted March 30, 2022 Share Posted March 30, 2022 20 minutes ago, ChrisOli said: What is clsssed as adjacent? Adjacency may not be the main issue. There is often a presumption against any structure, bank, wall, fence over (I think) 4'6". I expect this varies by region and authority. Being non-adjacent will give more chance of approval. I your case I would think the issue is of overpowering the footpath, so best imagine what height and distance back would resolve this. Link to comment Share on other sites More sharing options...
ChrisOli Posted March 30, 2022 Author Share Posted March 30, 2022 Thank you. Looking at the planning portal you can have anything up to 2m high as long as it is not adjacent to a footpath or highway. From a legal perspective if the fence is behind the wall on posts would it be adjacent? If not it would not need planning (as long as it is less than 2m high) and they council could not force me to remove it? Link to comment Share on other sites More sharing options...
ProDave Posted March 30, 2022 Share Posted March 30, 2022 There was a case mentioned where the planning officer visited and standing on the edge of the public footpath, if he could touch it, it was "adjacent" if he could not, it was not adjacent. Link to comment Share on other sites More sharing options...
joe90 Posted March 30, 2022 Share Posted March 30, 2022 As different authorities seem to have different “takes” on rules I think you need clarification on the word adjacent from your planning dept (and in writing). Link to comment Share on other sites More sharing options...
Conor Posted March 30, 2022 Share Posted March 30, 2022 As above, it's LA dependent. In our case, there are no distance criterion and I interpret that if it is visible from the highway, then the conditions pertaining to *adjacent" apply. So setting your fence back won't fly . Nothing stopping you from buying 6ft tall connifer or laurel hedging tho. Link to comment Share on other sites More sharing options...
joe90 Posted March 30, 2022 Share Posted March 30, 2022 Just found this….I had heard of the 1 metre bit before. What is classed as adjacent to highway? The GPDO states that the one metre rule applies where a wall or fence is "adjacent" to a highway. Cases have shown that a fence or wall at the back of a highway verge will be treated as being "adjacent". Link to comment Share on other sites More sharing options...
Stones Posted March 30, 2022 Share Posted March 30, 2022 @ChrisOli The 1 metre is for visibility for road users and pedestrians, i.e. road safety - think car emerging from driveway. Without seeing exactly what the situation is at your location we are really just guessing as ultimately, it will probably be a matter of fact or degree. I would suggest the fact you have a letter means there is no or little leeway given your location. You can do nothing and wait for them to take enforcement action - serve a notice requiring removal. You can appeal such a notice, albeit no guarantee your appeal would be upheld. If you failed to comply with any notice you would be guilty of an offence, and probably be offered the opportunity to pay a fixed penalty (£1500 if memory serves). The local authority would also be able to take direct action to remove the fence etc and you would be invoiced for the cost (and doubtless pursued in court for non payment if you didn't settle the invoice). I would always advise engaging with the enforcement officer to see if there is any leeway / clarify what you could do in your location. Link to comment Share on other sites More sharing options...
ChrisOli Posted March 30, 2022 Author Share Posted March 30, 2022 Thank you. We are absolutely going to avoid any action and remove the fence. What i would like to do is still be able to use the fence but move it legally. I can't see any legal planning issues if I move the fence behind the wall. Link to comment Share on other sites More sharing options...
saveasteading Posted March 30, 2022 Share Posted March 30, 2022 4 hours ago, Stones said: advise engaging with the enforcement officer Yes. I f you were to write a polite message saying that you intend to comply, but would like to know what would be acceptable, so that you can adapt or rebuild as appropriate. Then it is also on the record that you are not ignoring them, and being reasonable, and there could be good progress for all parties. Link to comment Share on other sites More sharing options...
ChrisOli Posted March 30, 2022 Author Share Posted March 30, 2022 Thanks. We have until the end of May to contest it. I will take a few pics to get peoples thoughts and any other advice. Link to comment Share on other sites More sharing options...
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