How far from the public highway?

[mrchristopher]

Hi. I have seen from the planning portal that there is a maximum permitted fence height of 1m if a fence/gate is to be erected next to a public highway.
However I want to erect a six foot gate and set it back a meter from the boundary of my property. does anyone know if this therfore is no longer "next to" a public highway? Many thanks
Chris

 

[big-all]

front side maximum 1m/4ft without planning
rear 2m/6ft7" without planning
as you say on some occasions theres highway sighting issues for rear fences
but front are never allowed higher than 1m without planning

 

[mrchristopher]

Yes, I see that the law states "adjacent to a public highway". I just wondered what the definition of this is.. is adjacent an inch, a foot, a meter or a mile?
C

 

[Static]

It all extends from being able to see over the fence while reversing your car out of the driveway.. if you are set back far enough that the car drivers seat is out of the gate before the car is on the highway then you could probably argue the case.. so what about 3-4m back or so.. but even then they may be stubborn and stick to their interpretation of the written limits..

Phone them

 

[mrchristopher]

....interpretation of the written limits..

Phone them

I Emailed....
quote

...emails will be passed on to one of our team and we aim to get back to you within 20 working days.

 

[DevilDamo]

Static said phone them, not email them.

If your LA aren't being too helpful, speak to another as they will all have the same interpretation.

 

[jeds]

I've been here before and there's no definitive answer - at least nothing written in the GDPO which specifies what adjacent means.

There's masses of appeal decisions but some have allowed a 1m set back (from the boundary) and others have disallowed more than a 1m set back. So that's not very helpful either.

The only safe way is to apply for planning permission.

PS. If the high fence would obstruct the view of the highway in any way (i.e. from the height of a seated car driver) it will definitely be refused.

 

[mrchristopher]

Thanks for the advice.. I came across this;

http://www.rotherham.gov.uk/downloa...t enough to commit, I'll let you all know.

 

[freddiemercurystwin]

but I don't know if all councils stand by the same interpretation.

Yes you and all of us and therein lies the problem, you could phone up the day after and get a different answer. Try and get them to confirm it in writing if you get any sense. Emphasise that you are looking to rely on their interpretation of the rules ie you will be guided by them and would like to hold them to it if required. They may well rebuff your request with the standard 'anything I say is unofficial' reply in which case you will know that you will definitely not get a straight yes/no answer and you must take a risk as to whether you proceed with or without planning as required.

 

[jeds]

As Freddy says, the problem is you can't rely on what the planners say - whether that's written or verbal. In fact, if they say anything useful with any sort of commitment whatsoever, I'll donate next months salary to your Christmas drinks fund.

The 1m thing has been knocking around for a few years (Simmonds v rochdale I think?) but there have definitely been other appeal cases where much greater distances have been dismissed - despite Simmonds.

You might well be ok and if the planners do give you the nod then I would have thought you'd be reasonably safe. But understand that if they change their minds later you will be on your own without a certificate or an approval.

PS. My apologies. Just realised I mentioned Christmas and it's only October.