Garden wall 'next to' road

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12 Apr 2010
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Lincolnshire
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Reference the extract from the Planning Portal (below) any ideas how 'next to' defined e.g. is there a min/max distance?

"You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and:

it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere"

If it varies between districts, my development will be overseen by West Lindsey District Council.

Thanks in advance
 
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if its at the front its always 1m max without planning if that any help
 
Within 2m of the highway is what you are looking for

And the highway is the edge of the footpath along your boundary
 
Hi Aalindo,

The legislation states that if your new wall or fence would be "adjacent to a highway used by vehicular traffic" then it is limited to a maximum height of 1m.

Bear in mind that the term highway normally includes pavements and verges, so even if there's a grass verge separating your house from the road, the 1m height limit would still normally apply.

Normally, this 1m height limit would only apply to your front boundary (i.e. which is parallel to the highway), rather than the side boundaries of your front garden (i.e. which are perpendicular to the highway).

On most properties, it's not normally possible to bypass the 1m height limit by simply setting your new front boundary wall or fence back slightly from the front edge of your property. In terms of if you set it back more significantly from the front edge (e.g. by several metres), then there's no hard and fast rules about how far back it must be set before the 1m height limit no longer applies. Some Council have used a 5m distance as a rough rule of thumb, but there is no legal basis for this - each site is supposed to be assessed on its own merits. But in my view, the amount that you would have to set-back a new front boundary wall or fence in order for the 1m height limit to no longer apply would normally be several metres (probably in the order of 5m or so!), meaning that it's not really an option for most properties.

Steve
 
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Thanks for all the replies, they have been very useful. There is a grass verge between the existing boundary (a row of small conifers) and the road. The verge is about 6m wide so I was hoping to be able to get the footings for a wall put in while we have groudworkers on site. However it seems like a bit of a grey area so it might be easier in the long run if i press pause on it and contact the council for further guidance. Thanks again.
 

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