Fence Height on sloping Ground

[Geronimoe]

So the disagreement about where to measure height of fence comes down to original ground before the house was built.
Is that correct ?
I have a drawing in the deeds from 1978 which shows the retaining wall and its height which isn't much help then.

 

[Geronimoe]

Because the bottom of the retaining wall is the ‘natural’ ground level?

If your retaining wall was built and backfilled it could be argued it gives you an artificial ground level. Anyone looking to circumvent the height restrictions when building could just pile a load of spoil up and go “I’m allowed x metres from the top of that”

If you think that the top of the retaining wall is the actual ground level then argue that point with Planning.

Yes i do believe that retaining wall is actually artificially lower than original ground as both top and bottom of garden are higher and neighbours garden at the back is same height as my garden.
Now who do i appoint to confirm or deny this and argue the point with planning as he is not listening to my opinion or the neighbours who have lived here over 40 years.

 

[big-all]

my thoughts
ask the neighbour what would make them happy as a compromise, pointing out what actual height is required to stop you seeing over the fence by mistake or design
and whilst i agree about the actual height probably being perhaps 1/4 to 3/4 below the top off the wall but how do you prove it??

 

[^woody^]

You measure from the current highest ground level, not what it was decades ago.

However that does not mean you can pile up new ground (or remove ground) to try and game the policy. If there are signs that the ground has been altered intentionally to gain an advantage, then a pragmatic view would be taken on the likely level or the level it was before the attempted deception.

 

[Geronimoe]

You measure from the current highest ground level, not what it was decades ago.

However that does not mean you can pile up new ground (or remove ground) to try and game the policy. If there are signs that the ground has been altered intentionally to gain an advantage, then a pragmatic view would be taken on the likely level or the level it was before the attempted deception.

No deception going on as nothing has been changed in the 22 years i have been here and like i stated have records going back to 1978 showing retaining wall height is unchanged.

 

[Geronimoe]

Just had an idea and wonder if this would satisfy the planning officer.
If i measure from my upper neighbours ground level nearest me to my lower neighbours ground level furthest away wouldn,t that give me the natural ground level ?

 

[big-all]

no ....the natural ground level uses the term "immediately adjacent" as you may not be able to physically see whats under but because its a fence it can physically be measured from the ground level under the fence

the measurement anywhere remote is off no value as far as a fence goes

for what its worth, my interoperation off datum point to measure from is on your side not the other but that may need the fence to be fully on your side and not on the wall its self to make it remote from the wall ??
but just my thoughts

 

[Harry Bloomfield]

for what its worth, my interoperation off datum point to measure from is on your side not the other but that may need the fence to be fully on your side and not on the wall its self to make it remote from the wall ??
but just my thoughts

That would mean, if the neighbour put the fence up, and their ground level was higher, the fence on the OP's side could be higher, than any fence the OP could install - clearly, that would be nonsense. I would take the measurement, from whichever side is the higher.

I always though, that 2m was the maximum height figure, for a back garden?

 

[big-all]

That would mean, if the neighbour put the fence up, and their ground level was higher, the fence on the OP's side could be higher, than any fence the OP could install - clearly, that would be nonsense. I would take the measurement, from whichever side is the higher.

I always though, that 2m was the maximum height figure, for a back garden?

it is 2m/6ft 7" from the ground but its working out what the ground level is to measure from

 

[Harry Bloomfield]

it is 2m/6ft 7" from the ground but its working out what the ground level is to measure from

So the OP could get away with reducing the height from 2,150, by 150mm, above the neighbour's higher side, assuming that there are no special by-laws in place?

 

[blup]

You would expect to follow the contours of the ground, taking the highest adjacent ground as the measuring point. Otherwise a garden that was two metres lower would be completely overlooked and the higher one not much better off. The regs say adjacent which is not the same as adjoining so maybe some wriggle room for the planning bid.

 

[Harry Bloomfield]

The regs say adjacent which is not the same as adjoining so maybe some wriggle room for the planning bid.

Does it really need planning? If the OP just lowers it 150mm he should be fully within regs..

 

[blup]

Does it really need planning? If the OP just lowers it 150mm he should be fully within regs..

Technically yes, if it goes above pd the whole development is without permission, people don’t realise this.

 

[Geronimoe]

More than happy to reduce fence height by 150mm to 2 metres but still comes back to where should the fence be measured from.
At 1.650m which i have been told to drop it to both myself and neighbour have no privacy as my garden slopes up from fence.

You would think something as regular as a fence there would be either defined rules or case law to determine what is or isn't allowed.

 

[Harry Bloomfield]

At 1.650m which i have been told to drop it to both myself and neighbour have no privacy as my garden slopes up from fence.

You would think something as regular as a fence there would be either defined rules or case law to determine what is or isn't allowed.

I'm confused - I don't know where the height of 1.650m is coming from? Is that 1.650 of timber fence, allowed, when fixed on top of this retaining wall, or with the fence built up from the ground? If the wall is 350mm, and the 1.650 fence on top of that, then it matches the 2m limit.

My understanding is - that in a back garden you are generally allowed to have fences upto 2m high, without anyone's permission. That 2m is measured up, from whichever is higher local ground level, at the base of the fence. If your neighbours ground level, is higher than your own, you measure the 2m up, from his ground level.