Fence height between different neighbouring ground levels.

[calog]

Our neighbour's front garden ground level is higher than ours, approximately 30cm near the house to 0 at street end over a length of 20m. we erected a fence a few years back, 1.8 meters above our ground level. Shortly afterwards we noticed that when they got out of their cars near the house, they could quite easily see over the fence into our garden.
I am thinking of fixing additional height to the top of existing one.

But before I go ahead with it, I want to find out where the 2m height regulation height should start from – should the 2m height of our fence be measured from our ground level or that of our neighbours?

[des8]

Where the ground levels on either side of the fence are significantly different, the height should be measured from the lower ground level.

Do you have problems with your neighbours?
If not, and they aren't likely to go running off to local council the chances of anyone complaining are minimal if you increase the height.
If there is likely to be a problem you might be able to obtain planning permission; if not for a close boarded fence, then at least for trellis against which you can grow plants

No height limit on plants!

[calog]

Where the ground levels on either side of the fence are significantly different, the height should be measured from the lower ground level.

Do you have problems with your neighbours?
If not, and they aren't likely to go running off to local council the chances of anyone complaining are minimal if you increase the height.
If there is likely to be a problem you might be able to obtain planning permission; if not for a close boarded fence, then at least for trellis against which you can grow plants

No height limit on plants!

Thanks for your reply, looks like I will have to look at trellis and plant option.

[des8]

Trellis on top might not be acceptable to your local council...

[calog]

Trellis on top might not be acceptable to your local council...

The fence is currently 1.8m high, I am thinking about adding 0.2m trellis and then adding plants.

[MMC]

DES8 - I have a similar issue but from the other side. Could you please provide more info on the following eg. Where I would find this in the law or legal precedent? “Where the ground levels on either side of the fence are significantly different, the height should be measured from the lower ground level.” Much appreciated.

[des8]

The info I posted earlier was based on what my local (Welsh) council ruled in a neighbours case.

Since then I have looked into the matter further and i think it might be open to a challenge based on The Town and Country Planning (General Permitted development) Order 1995 Sec 1 (3)

"Unless the context otherwise requires, any reference in this Order to the height of a building or of plant or machinery shall 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."

Although this specifically refers to plant or machinery it surely applies to fences.

Quite honestly the best option is to talk to the neighbours and see if they will object if you build a 2metre fence on ground which is higher their side.
If they are against it and you cannot agree a compromise, then ask your local planning office their view.

[des8]

Been thinking overnight (dangerous I know)

The fence measurement must logically be from the highest ground.
If there is a 2 metre drop between properties (and it does happen) and measurement was from lowest point the occupiers of the higher land would not be allowed to erect a fence. This would pose a high risk of falling, especially for children.
Even if the drop is smaller, e.g.1 metre restricting the fence height to 1 metre if measured from lower ground, this could cause problems if the occupier e.g. owns animals capable of jumping

[MMC]

Thank you