Fencing adjacent to a highway rules

[Amethyst]

Just been looking into this for someone and thought I'd post the information here to help others ( maybe )

So, the published ' official ' guidance on Fences can be found here https://www.planningportal.co.uk/inf...d_garden_walls and states;

Planning Permission

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; or
• your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition; or
• your house is a listed building or in the curtilage of a listed building.
• the fence, wall or gate, or any other boundary involved, forms a boundary with a neighbouring listed building or its curtilage.

You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need planning permission for relevant demolition in a conservation area to take down a fence, wall or gate.
You do not need planning permission for hedges as such, though if a planning condition or a covenant restricts planting (for example, on "open plan" estates, or where a driver's sight line could be blocked) you may need planning permission and/or other consent.

The legislation that backs ( most ) of that up is The Town and Country Planning (General Permitted Development) Order 1995 Schedule 2 which states

PART 2MINOR OPERATIONS
Class A
A. Permitted development

The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.
A.1 Development not permitted

Development is not permitted by Class A if—

(a)the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed one metre above ground level;

(b)the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two metres above ground level;

(c)the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d)it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.

As you can see, there is no mention what constitues ' adjacent to a highway '. The generally accepted rule for permitted development is;

Fence within 1 metre of the Highway / Path next to highway should be under 1 metre tall.
Fence more than 1 metre away from the Highway / Path next to highway can be up to 2 metres tall.

However this is not set in stone. In the case of Simmonds v SSE and Rochdale MDC [1981] it was held that a fence higher than one metre and less than one metre from a footway to a highway did abut the highway. In that case the fence was set back from the site boundary and pavement by just over 1m. So that is generally accepted but the local planning officers have different views on ' adjacent to a highway' and take into account the street scene, access roads and driveways.

So it is best to check with the Planning Office before shifting your fence out towards the road to increase your garden size if it's going to be within 2 metres of the path/road way.


Some Planning Appeals and Decisions on the matter for research;


Appeal Ref: APP/Q3115/X/16/3150593 (PDF)- Wall and Gates under 2m but over 1m positioned over 2m back from highway deemed as 'adjacent'

Simmonds v SSE and Rochdale MDC [1981] ( anyone have a link to the full judgment in public access ?)

DCS Ref:	100-076-085
Written reps	2012
Inspector:	N FREEMAN
Authority:	BERKSHIRE
Summary of Decision:	DISMISSED
Description:
Unauthorised 1.8 m boundary wall and 2 m gate piers, development at dwelling in residential suburb. Article 3 (6) doesn't apply. Class A Part 2 of Schedule 2 of General Permitted Development Order (GPDO) does not apply as the development is, with reference to Simmonds (1981), adjacent the highway even though set back by between 1.16m and 1.4m and does not have to abut it. Unlawful development includes side walls adjacent unclassified road as created as part of single act of development . Harm to streetscene and highway safety due to obstruction of visibility at access and those of neighbours, not outweighed by claims of anti-social behaviour. Risk of setting precedent.

[des8]

.......and if you intend to erect something within permitted development rules it can be worthwhile obtaining a "certificate of permitted development" from LA as it prevents challenges later (even from the LA itself.) Cost £25 last time I got one

[Amethyst]

Would that require a site visit / inspection ?

Presumably once a complaint has been made you just have to follow the process ? ( sounds like form filling so far )

Also is there any point trying to rectify before a site visit ?

( although if rectifying to a presumption of 1 metre from highway it could have to be further moved - it's a fence replaced and moved nearer the highway that's generated the complaint )

[des8]

Obtaining a cert doesn't generally require site visit.
You submit request with rough diagram showing measurements, and along comes the certificate (or at least it did for my conservatory)

A neighbour cleared installation of some decking with planning dept, but only verbally.
Six months down the line another neighbour objected (after a falling out) and he was forced to apply for retrospective PP which was refused.
Should have obtained his certificate!

If someone has already complained about a new construction and a site visit arranged I doubt a cert would be issued.
Best way is to obtain letters of support or just non objection from others.

[Amethyst]

Okay cool. Well I know for next time - I'll put the 'letters of support/non-objection' idea to them. Thanks Des.

[Amethyst]

Sorted.... well, getting there. Informal meeting with planning and it looks like simple solutions will satisfy and I've told him to ask them for the certificate once everythings agreed and done ( seems a bit of planting and maybe an angle change at one end of the fencing ) to stop any future problems coming up.

Hope all this helps someone else in the future

[DittonGuy]

Hello. Thanks for the detail explanation of 'Planning Permission' requirements for erecting a new fence or gate adjacent to a highway. Now my question is what if the highway is a 'private road'? Do I still need a planning permission? I raised this question to council and their answer was;

'Generally any fence or gate over 1m high, facing a highway needs planning permission. I am not able to confirm whether or not you need planning permission because your property is on a private road. If you think you do not need planning permission you could apply for a Lawful Development Certificate. This would confirm whether planning permission is required or not.'

Is this correct way to sort out the problem? Please advise.

[des8]

If you have a reason for believing your private road is not a public highway apply for a certificate of lawful development, otherwise I wouldn't waste my money

[DittonGuy]

Hi DES8, thank you for your feedback. So what you're saying is that unless my private road is 'not a public highway', I shouldn't watste my money on getting Lawful Development Certificate, correct? This road is private road but still people can move around as no specific restriction barrier is in place except a small sign. So do you think it is a 'public highway'?

[des8]

If the public have a right of way it is a highway, even if maintained privately.
Unadopted roads can be public rights of way.
Your local County council should keep a definitive map (possibly available on line) which should give you a definitive answer.

If it is a public right of way you will probably need full PP so applying for a certificate of lawful development would seem like a waste of money to me.

[leighandem]

I live on a road with other streets coming off it. I’m the end terrace that starts one of the streets so have wrap around gardens. There are no fences above 1m in the fronts but people have 6foot fences in back yards. My front door is on the afore mentioned road that’s actually the side of the building. My question is can I extend my back yard a bit further round? Where does the front end and the back begin? There is already 6ft hedge there but am I right to say I can’t replace it with fence because it’s next to a road? I have a dog who can escape- can I fence up to a metre but keep the hedging in?

[Jp7972]

I wonder if anyone can help me with a variation on this issue. In the 70s my 1.95m fence was erected next to a highway. It is a wooden fence between concrete posts. In early 2021the fence was wind damaged and was generally a bit rotten. I got a fencing contractor to rebuild the fence to the same height using new wood but reusing the original posts. A new concrete plinth was used in place of the old wooden one.
The local planner has written to tell me I needed permission to build the fence. I replied stating it was exactly the same as the old damaged one but they contend it needs permission, even if it is only considered maintenance.
My first line of thought is that a 1970s fence isn’t caught by the Act as it supersedes the Act. Second, this is maintenance, although with all new wood it looks new.
My concern is that a retrospective planning application will be rejected even though all I’ve done is replace like for like.
Any advice would be greatly appreciated.