Proposed fence behind retaining wall

[planningffs]

Hello,

 

After a quick sense check.

 

My house has a fairly heavy slope running down hill from the house.

 

The builders I believe put in place two retaining walls - I say I believe as the house was built in the 90s, and I bought sometime well after that.  One near the house to facilitate the construction of the house and to provide a bit of flat space at ground level where the house is.  The second wall at the bottom of the garden (and therefore bottom of the slope) to basically create some sort of termination at the bottom.  The gardens in the next cul de sac down therefore have gardens at a far lower level to mine.  I can see into theirs and vice versa.

 

If I run a bog standard 2m garden fence around the entire garden boundary, for the section at the bottom in the area where the second retaining wall is, as long as I do not exceed 2m from my ground level behind the retaining wall, there would presumably be no planning considerations?

 

I appreciate this is a small potatoes query given some of the other questions on here, but the neighbours at the bottom are comprehensive NIMBYS!

 

Thanks!

Edited October 7 by planningffs
clarity

[Bozza]

A picture would explain thing better :)

[planningffs]

Under the triangular shaped deck at the bottom of the garden, there is a 4 foot high retaining wall which creates the difference in levels.

Edited October 7 by planningffs

[planningffs]

19 minutes ago, Bozza said:

A picture would explain thing better

Good point well made!  Picture above, including with red lines as an example of where a fence would run.  The block wall is hidden under the deck at the bottom, but basically runs along my side of the boundary for that triangular section.  The fence would run "my side" of the block wall, so within my boundary.

Edited October 7 by planningffs

[bassanclan]

Is the block wall on your property? If so that may make a difference.

Start by asking the neighbors they might appreciate the privacy and then you could just go ahead without worrying about planning permission

[planningffs]

19 minutes ago, bassanclan said:

Is the block wall on your property? If so that may make a difference.

Start by asking the neighbors they might appreciate the privacy and then you could just go ahead without worrying about planning permission

Yes, the short height fence you can see is the boundary.  The block wall is on my side and is mine.  I'd be building the fence behind that. 

 

I would, but unfortunately on the one side in particular down there they are "characters" who are very likely to oppose anything as they've fought tooth and nail against other minor developments in the area previously and seem to have the council on speed dial.  I caught them once having climbed over the fence for a wander around my garden, and they've also been caught in other neighbours gardens just to put it into perspective.  But yes, in normal circs with normal neighbours a quick chat would no doubt get the job done.

Edited October 7 by planningffs

[Bozza]

Because your neighbours are nutters I’d definitely run it past your local planners.  And ideally incorporate barbed wire & a machine gun post in your design.

 

But surely as you are elevated above them would you need to go as high as 2m?  
 

 

 

[planningffs]

1 minute ago, Bozza said:

Because your neighbours are nutters I’d definitely run it past your local planners.  And ideally incorporate barbed wire & a machine gun post in your design.

 

But surely as you are elevated above them would you need to go as high as 2m?  
 

 

 

Not necessarily, but given that I can go to 2 meters, there doesn't really seem to be a reason not to....provided it meets class e etc etc.

 

Which I think it probably does as you can go 2m from ground level.....and surely behind the retaining wall ground level is where I stand.

 

But given the situation, I would like the situation absolutely nailed down, but I do begrudge forking out for a cert of lawful development for something as simple as a fence! Lol! 

[kandgmitchell]

You would be relying on Part 2 Class A surely? - erection, construction, maintenance, improvement, or alteration of a gate, fence, wall, or other means of enclosure.

 

Now back in Paragraph 2 - Interpretation, we have sub- paragraph 2:

 

(2) Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery is to be construed as a reference to its height when measured from ground level; and for the purposes of this paragraph “ground level” means the level of the surface of the ground immediately adjacent to the building or plant or machinery in question or, where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

 

Now I accept we have a fence here rather than "building" "plant" or "machinery" it would seem to be perverse to deal with a fence differently to a building in terms of height.

[joe90]

4 hours ago, kandgmitchell said:

where the level of the surface of the ground on which it is situated or is to be situated is not uniform, the level of the highest part of the surface of the ground adjacent to it.

That says it all, crack on and feck them. Just be aware they WILL contact the council but just quote the above. 👍