Next doors fence height, how heigh can it be?

[jaba]

I've done a bit of a search but need help with understanding what is the maximum fence height between back gardens next to house? Houses are joined.
My council planning department is closed already!

Current neighbours fence is 6ft including concrete base! So fence is 5ft and base is 1ft
I can't be sure but it looks like the new fence panels not yet installed are a lot taller.

My garden is slightly lower so 6ft seems more than enough.
But if they add decking which looks possible then will I lose privacy as it will be raised!!
Although a lot of material has already been removed from there old patio!

Worried about light loss to house as fence is only just over 1m from window!

What is maximum height?
Is the height including the concrete fence base?
Is the height measured from my garden being a bit lower, or neighbours side which is a bit higher?
Do they need planning to raise height of fence, or depending how long fence has been there (forever) etc in my case!

Thanx for any info.

 

[freddiemercurystwin]

2m from the existing ground level their side.

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

 

[big-all]

also raised decks no more than 300mm to avoid the need for planning

 

[^woody^]

My garden is slightly lower so 6ft seems more than enough.
But if they add decking which looks possible then will I lose privacy

Bear in mind that there is no minimum height, so if they fit a 3ft fence, there goes your privacy too.

 

[jaba]

2m from the existing ground level their side.

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

Is that 2m before original patio removed, or after new cement laid for deck, or from height of new deck?
Sorry, probably very obvious to most of you guys on here
Looks like it will be 7ft from my side

also raised decks no more than 300mm to avoid the need for planning

Thanx

 

[motorbiking]

natural ground level.. but since you say its higher on their side than your it could be within 2M

 

[jaba]

Bear in mind that there is no minimum height, so if they fit a 3ft fence, there goes your privacy too.

Very good point. That would be really bad with a 3ft.

natural ground level.. but since you say its higher on their side than your it could be within 2M

Thanx for reply.
It's already 6ft and ground is slightly lower my side, but after removal of old patio and new cement base down I can't tell now, maybe it's the same.
So with new base, cement, bricks, wood and decking I have no idea. But panels look bigger.
Don't want to lose light but at end of day, privacy!!!
I will not know until done, and the feeling in the air is not friendly and neither with neighbours.
Seems like I can't win with this, 30cm deck above ground, will need 30cm extra height fence to maintain same privacy.
There goes some more light coming in

 

[motorbiking]

If you are worried about light buy an outside mirror

 

[RichA]

Is decking height (30cm) also measured from natural ground level? How does that work in a sloping site? (Ie if 20cm one side, can it be >30cm elsewhere?)

Is a patio treated the same as decking?

 

[big-all]

Is decking height (30cm) also measured from natural ground level? How does that work in a sloping site? (Ie if 20cm one side, can it be >30cm elsewhere?)

Is a patio treated the same as decking?

its level from the highest natural point it covers

 

[Nakajo]

Incredible but true !!

 

[napoleondynamite]

There is an argument that if any part of the decking is over 300mm in height then it does need planning permission. This is because the definition of 'height' given in the GPDO relates to buildings, plant and machinery. Arguably decking / patios do not fall under those three categories, this therefore leaves an assessment of height arguably more open to interpretation:

From the GPDO:

Unless the context otherwise requires, any reference in this Order to the height of a building or of
plant or machinery is to be construed as a reference to its height when measured from ground
level; and for the purposes of this paragraph “ground level” means the level of the surface of the
ground immediately adjacent to the building or plant or machinery in question or, where the level
of the surface of the ground on which it is situated or is to be situated is not uniform, the level of
the highest part of the surface of the ground adjacent to it.

Assessing the height of all parts of the raised area would make more sense if the objective of the 300mm restriction is to restrict harmful overlooking. I appreciate however that the GPDO restrictions often do not make sense.

 

[^woody^]

There is an argument that if any part of the decking is over 300mm in height then it does need planning permission. This is because the definition of 'height' given in the GPDO relates to buildings, plant and machinery. Arguably decking / patios do not fall under those three categories, this therefore leaves an assessment of height arguably more open to interpretation:

From the GPDO:

Unless the context otherwise requires, any reference in this Order to the height of a building or of
plant or machinery is to be construed as a reference to its height when measured from ground
level; and for the purposes of this paragraph “ground level” means the level of the surface of the
ground immediately adjacent to the building or plant or machinery in question or, where the level
of the surface of the ground on which it is situated or is to be situated is not uniform, the level of
the highest part of the surface of the ground adjacent to it.

Assessing the height of all parts of the raised area would make more sense if the objective of the 300mm restriction is to restrict harmful overlooking. I appreciate however that the GPDO restrictions often do not make sense.

Have you been out in the sun today? Its all perfectly clear, and does make sense

From the PD guidance ....

“Building” - includes any part of a building and includes any structure or erection, but does not include mechanical plant or machinery or gates, fences, walls, or other means of enclosure.

“Height” - references to height (for example, the heights of the eaves on a house extension) is the height measured from ground level5. Ground level is the surface of the ground immediately adjacent to the building in question. Where ground level is not uniform (eg if the ground is sloping), then the ground level is the highest part of the surface of the ground next to the building.

"A raised platform is any platform with a height greater than 300 millimetres and will include roof terraces.
Although the items set out in (i), (ii), (iii) and (iv) are not permitted development under Class A of the rules, some may be permitted development under other Classes subject to the limitations and conditions set out in those classes:

Class E covers provision of a “building” within the area around the house required for a purpose incidental to the enjoyment of the house. A “Building” - includes any part of a building and includes any structure or erection - and would include platforms (for example garden decking) less than 300mm high."

There are other references and determinations too.

 

[RichA]

But, in this guidance it says:

Please note: different rules apply to paving over your front garden.
Elsewhere around your house there are no restrictions on the area of land which you can cover with hard surfaces at, or near, ground level.
However, significant works of embanking or terracing to support a hard surface might need a planning application.

So if it is level with natural ground on one side of the patio and, say, 1.0m above natural ground the other side of the patio does this constitute significant embanking?

 

[^woody^]

But, in this guidance it says:

Please note: different rules apply to paving over your front garden.
Elsewhere around your house there are no restrictions on the area of land which you can cover with hard surfaces at, or near, ground level.
However, significant works of embanking or terracing to support a hard surface might need a planning application.

So if it is level with natural ground on one side of the patio and, say, 1.0m above natural ground the other side of the patio does this constitute significant embanking?

Tha's got nothing to do with decking.