Fence Height on sloping Ground

[freddiemercurystwin]

This threads going round in circles just post some photos of your fence along the boundary will you, then the likes of us who understand the legislation can comment.

 

[Geronimoe]

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.

The 1.650m comes from planning officer measuring down the side of my retaining wall to neighbours lower ground level which makes the retaining wall 350mm high at the point he measured.
i am the higher garden and the retaining wall and fence belong to my property.
This is the main issue of where should the fence height be measured from.
I will post some pics when i get back home

 

[Harry Bloomfield]

The 1.650m comes from planning officer measuring down the side of my retaining wall to neighbours lower ground level which makes the retaining wall 350mm high at the point he measured.

He measured from the wrong side then. The measurement should be taken on which ever side is the higher, but it has to be the natural land level, not built-up. 2m is the general ruling in the UK, but local councils can set alternative limits - I would suggest getting in touch with the councils planning department and ask them, what the fence height limit, is for a back garden. Council official do often get things wrong.

Obviously, and logically - the measurement must be taken from the high side, because if one side, was 2m higher than the other, then the higher side would then not be allowed any fence at all, which would be nonsensical.

 

[Geronimoe]

Obviously, and logically - the measurement must be taken from the low side, because if one side, was 2m higher than the other, then the higher side would then not be allowed any fence at all, which would be nonsensical.

Did you mean the high side ??

 

[Harry Bloomfield]

Did you mean the high side ??

Sorry, yes I did - corrected now..

 

[mrrusty]

Look what the planning portal says https://www.planningportal.co.uk/pe...es-gates-and-garden-walls/planning-permission

It states 2m from the ground. Unlike outbuildings where I think height is measured from the highest point, this guidance is silent on this, so 2m from the ground, and if the ground slopes, so does the fence, which makes sense if you think about it because fences tend to be long, and anything else would be ridiculous.

I would set your fence to comply with this, and then dare the council to take enforcement if they wish. Personally, I don't think they would.

It has to be 2m from the high side, because imagine if it was 2m from the low side - with a big change in levels there could either be a drop or a very low fence a child could fall over...

 

[thomp1983]

Tell the council to jog on and issue enforcement proceedings if they wish, it's very unlikely they will for 15cm, if they do then you've upto the day of the court appearance to comply with the enforcement notice.

 

[Geronimoe]

Just an update on my fence debacle.
Council Planning Enforcement Officer not budging from his stance and given me 28 days to reduce my fence to 1.650m high or enforcement action may be taken.
Who should i appoint to sort this out. Do i need a Chartered Surveyor or Solicitor who deals in planning law. ???

 

[freddiemercurystwin]

This threads going round in circles just post some photos of your fence along the boundary will you, then the likes of us who understand the legislation can comment.

 

[mrrusty]

28 days to reduce my fence to 1.650m high or enforcement action may be taken.
Who should i appoint to sort this out. Do i need a Chartered Surveyor or Solicitor who deals in planning law. ???

We need photos, and you need to ask under what exact planning law they intend to enforce. No need for solicitors or surveyors.