road boundary fence regulations

[Rossifan]

I live in a property that has a boundary adjacent to a road and falls within a conservation area.

My LP office have not been very forthcoming with an answer to my question on whether the 1m. height rule that exists is deemed to include;

1) The "gravel board" height of 150mm.

2) Any additions such as a lattice section placed on top.

There is also an issue as to the correct datum to be used ie. road or garden soil level.

Advice from anybody with similiar experiences would be appreciated

 

[mattylad]

The maximum height = the top. Whatever is at the top is the maximum = 1m.

How is the garden soil higher than the verge?
How much higher is it - I am pretty sure that its from the height of the verge/pavement.

Your planning dept should know, try and get an email conversation from them so you have their reply in writing.

 

[tony1851]

try and get an email conversation from them so you have their reply in writing.

The problem with that approach is that, by default, they will invariably say "yes, it needs planning permission" (whether or not it does) if only just to get their £150 fee in.

As regard the actual height, my understanding is that height is measured from the highest part of the ground, in this case his own garden.

 

[freddiemercurystwin]

Anything from the planners other than an approval will be completely useless.

 

[JayHS]

hi there.

i had the same question recently for my planning regs dept
the 1mtr high reg.. along the front/rear boundary line, that overlooks any road/pavement has to be a max 1mtr tall.
+ any fencing that runs back from the pavement must also be 1mtr high max for the first panel or 6' in length.

(but this is dependant on it having a path or rear entrance from the front/back garden.)

the 1mtr high panel running back from the corner of your boundary line is all to do with visual safety, with cars driving along and not seeing anyone 3' or taller exiting from the garden or pathway
i.e. kids on a scooter and so on coming out from nowhere onto a road/pavement at speed

hope this helps

but it might not be the same in your area? so talk to planning or they might have a web site re planning and get most if not none of the answers to your questions.

good luck

 

[JayHS]

Anything from the planners other than an approval will be completely useless.

Hi FreddyMercT

you are right in what you say, but if you can get the ok in writing..or e-mail response to your questions! but not approval, just something to state what he can do, and what he cant before he plans is always a good plan.

i did this with my local dept and the approval was simple and quick and i knew what i could do, so i had the posts and panels all waiting to be erected the day i got approval in the post.

but its the waiting game trying to find out all the points plus or negs in getting it right, and how you want it to look when finished is the pain.
but always worth it )

 

[freddiemercurystwin]

The planners can tell you it does not need permission in an email however it will legally be of no use whatsoever, not really sure what you're saying tbh.

 

[JayHS]

The planners can tell you it does not need permission in an email however it will legally be of no use whatsoever, not really sure what you're saying tbh.

hi there.

well i am sorry you do not understand Fred! but what i was meaning is i have had many letters and emails received re the planning ok's and suggestions as to what can and can not be done.
maybe i have had a decent team of planners on the council that like to help and give credible advice.

and it is not about not needing PP, it is about everything, from PP to restrictions and do's and don'ts

so your reply above was totaly pointless tbh

my posting was simply to help the OPguy out in what he can find maybe out, before doing anything like applying for whatever PP's and find it has not been ok'd
always best to get as much understanding in the reg's before sending in an application

plain n simple

sorry for your miss understanding on my point and my post

 

[freddiemercurystwin]

No you are missunderstnading. The OP (Joe Public) phones the duty officer on the planning desk for some advice regarding whether he can do this or that. He receives an email back saying this or that does or does not need planning permission. Anything planning say or write to in respect of whether a planning application is required or not or if permission is going to be granted or not cannot legally be relied upon. I am not saying the information should not be used and even relied upon but the approval notice is the only thing that legally counts.

 

[JayHS]

yes ok that is fine dude!!!

whatever ok..

a duty officer is not what he needs.. he needs to get in touch with a planner and someone who can give him the answers.

they know who they can call to get the info to pass on to you or i, if we ask.
he simply needs to push and ask and email to get the correct answers. like i said before it will take time and not all the answers will be there! but it is a start

not going to read this anymore.

you snipe and argue but really... do you know!

no, you do not know what i have done.. re all my planning and dealing with my local PDept, but all my posts are as i see it, helpful and true.


we are both.. like everyone on here, wishing to help and give advice if we feel we can! in some small way. Your way is small as it is snipe after snipe to others postings or simply no advice at all.

please just give some positive advice to OP's question on here and we would all be happy

 

[freddiemercurystwin]

No Poppit I do this for a living and deal with planners all the time and have made more calls to planning than I care to remember so get off your high horse! Your understanding of the worth of an email from a planning department is laughable.

You will read this btw.

 

[JayHS]

i have read it
yes

so my question is this to you

Why have failed to give the guy a correct reply and help point him in the right direction? instead of simply saying how pointless and worthless planning dept are and so on

sorry dude but you may be correct in what you say, on some points" yes. but so am I
and this is what this forum is all about

is it not?

this site would be so much better if those that fail to advise and snipe n bleat and actually just gave the info needed, even if it may be slightly wrong due to the location of the area concerned.

look FredMT

you have helped me in the past and i have always been grateful for your input, but like so many on here ones input is not always helpful.

going for beers now and yes i will read this at some point over the weekend i guess.

apologies for any confusion towards you fred and anyone reading this. but my original posting was all i wanted to do to help the OP out.

 

[mattylad]

An op that has not since returned...

 

[Rossifan]

An op that has not since returned...

I have thanked all parties who have tried to help and advise.I am sorry that it has caused some minor friction between "Freddie" and "Jay" however and hopefully this will help to clarify matters.
The house is "side on" to a minor road and does not have a pathway for the majority of its length - 30M
I have already been down the road of retrospective PP as the new fence is erected.I failed to get it agreed and lost the subsequent appeal with the Planning Inspectorate.
I specifically stated in my planning application why I wanted a "new" fence as the existing one which was a piecemeal construction of various types of cheap panels.
All was substantiated with photo's of "old fence" and its replacement!The height installed is identical in part to that of the existing which separates my kitchen to road view!
LP failed to address any of my specific points in refusing PP ie privacy,security,maintenance and consistency of design,only quoting regulations specific to conservation area-boundaries.
Its ludicrous that you can have 2M high hedges on the same boundary line which separates me from the road as LP authorities cannot directly determine the height of a hedge. That then defeats any validity in the argument that a fence could cause screening to pedestrians as there is no pathway alongside fence.
The enforcement notice reads "total removal"with no further explanation-which I think is heavy handed and unnecessary as it can be reduced in height to the 1M which brings me full circle to the question as to the datum to a be used ie. height of ground in my garden or from the roadside which is on a slight incline. Like most of the properties here there are raised banks to a level lawn.
I am resigned to reducing fence height,as any further appeal costs £150 and I feel it would still be refused.

 

[JayHS]

Hi Rossifan

mmm not sure what to add or say. "The enforcement notice reads "total removal"
so are you saying they are telling you to remove the fence?

the only thing i can think of that will not lead to others having a go at lol.. is to maybe grow a conifer hedge and leave the old fence there until the hedge is at a height you need or want and pull out the fence in a years or so.

not sure as i do not know anything about regs for vegetation or hedges

But my local planning said to me that although I can not go higher than 1mtr on the first height of a "fence panel" coming off/back from the frontage of my property, I had been told that they can not say nor do anything about a tree or bush or conifer? unless it is unsafe or totaly overhangs a public right of way = hedge/bush/tree..whatever, should I wish to place anything on the corner! and simply let it grow.
this is not in writing, but in a signed email from planning

just a thought

but upon reading you last post it sounds like they are not being at all helpful and i would maybe find out who you should contact re the planning dept boss! and try and get some answers or someone on your side to help get some answers for you.