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Building fence on boundary line

Discussion in 'Building Regulations and Planning Permission' started by Al@n, 28 Feb 2021.

  1. Al@n

    Al@n

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    We have some land to the right hand side of our property, which is our boundary, total length is approx 24 metres.

    We would like to install 6 ft close board fence panels from a safety and security perspective and will give us more garden space

    However adjacent to the land is a footpath

    I found this online with regards to the regulations

    "No planning permission is required for a wall or fence that is under 2m in height. However, if that wall or fence is adjacent to a highway (including a footpath) then the height of a wall or fence cannot exceed 1m without planning permission"

    However i am not sure what 'highway' exactly refers to, is it the pavement, road or footpath? Or all?

    Can i install a 2m fence without planning permission?
     

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    Last edited: 28 Feb 2021
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  3. ^woody^

    ^woody^

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    "Highway" is not defined, and it can include paths and roads. There was a case just last week in Cornwall were a land owner had put up a 2m fence adjacent to a coastal path and ordered to reduce it because it blocked views.

    You'll need to apply, and the fence will likely need to stop where it meets the front of the house.
     
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  4. Al@n

    Al@n

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    The intention was to build the fence with concrete posts, gravel boards and then the fence.

    The fence will stop at the front of the house where we will have a gate to allow for access to this area.

    So the reason why i need to submit a planning application is it because there is a footpath?

    Will this need to be a full planning application with drawings etc? In terms of rough costs how much will it likely cost to approval to get this past planning?
     
  5. ^woody^

    ^woody^

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    You'll need a location plan showing where the new fence will be, photo of the front and side of the house, photo or drawing of a typical section of fencing with dimensions and materials noted.

    Costs would be on your council's website, along with any other specific information they require for the application to be valid.

    Mentioning issues with security and ASB as reasons may be helpful
     
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  6. mattylad

    mattylad

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    When you do put it up, make sure that the other side has not got any footholds/arris rails on etc.

    You could also investigate putting a small fence up then a little way back your taller fence, istr that it would no longer be adjacent to a highway then but don't quote me on it.
     
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  7. Al@n

    Al@n

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    I found this online, it doesn't appear to be clear cut as to whether i need to go through the expense of submitting a planning application:.. thoughts?

    A public footpath runs along the boundary line of my property. Am I able to fence along the side of the property, leaving the path unobstructed but maintaining our privacy? What are the rules?
    Yes, you can put up a fence. But you can't put a structure across the path.

    You should check the definitive map for the area to see whether it specifies the width of the public right of way. The definitive map shows all public rights of ways in the area. It is held by the highways authority, ie the relevant county council or unitary authority (you can find contact details here).

    If the definitive map doesn't specify the width of the right of way, allow at least 2 metres (more if barbed wire).

    You are responsible for some maintenance, but the highway authority may also be responsible. This will depend on the particular case.
     
  8. wessex101

    wessex101

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    One thing to bear in mind is that on some housing estates pieces of land like that are classed a "public amenity land" and although it is owned by the individual householder you may need to apply for planning permission for a change of use to "private amenity land".
    Also you sometimes get restrictive covenants on the deeds preventing enclosing the public amenity land with fences or planting.
    The idea is to protect the overall appearance of the estate and getting individual homeowners to maintain their patch and not the council having the expense of mowing etc.
     
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  9. ^woody^

    ^woody^

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    Where did you find it?
     
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  11. Al@n

    Al@n

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  12. ^woody^

    ^woody^

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  13. Al@n

    Al@n

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    But technically in this case there is no highway, just a footpath.

    If there was a footpath and adjacent to the footpath a highway then that's understandable as to why a planning application needs to be submitted

    Given that there is just a footpath will planning application still be required?
     
  14. ^woody^

    ^woody^

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    :rolleyes:
     
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  15. DevilDamo

    DevilDamo

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    Although "highway" is not defined in the Order, common law usage is that a highway is a way over which the public are entitled to pass and re-pass, including a footpath.

    You will therefore require Planning to erect a wall or fence over 1m in that location.
     
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  16. charliegolf

    charliegolf

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    I'm generally a rules person. In this case, in that layout, I'd just build it. There's no good reason why not; which would (IMO) be reflected in a retrospective planning app.
     
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  17. Harry Bloomfield

    Harry Bloomfield

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    I would expect you could install a similar fence to what others have installed in your photo. Higher or much different to that, you will need PP. I would also expect PP to be almost certainly refused for a 2m fence, because it would be 'out of keeping' with the area.
     
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