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Permitted development?

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  • Permitted development?

    We have an existing 1.2 metre high Cotswold stone wall forming a boundary to our property which has not considered by the LPA of being a strong barrier. Weerected a 2 metre high fence set back within the property, well inside the existing boundary wall by 600mm (2ft) which the LPA say isn't considered lawful.

    I disagree their reasoning as the existing Cotswold stone wall forms the function of enclosure which clearly defines the boundary of the holding from the highway and the new fence is set well within the property and is clearly not adjacent to the highway, which the Cotswold Stone wall is, and doesn’t form a boundary or enclosure.

    Can anyone agree with me?
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  • #2
    The difficulty is that the wording of General Permitted Development Order 1995 is a matter of perception.
    If the LPA do not consider the existing structure to be sufficient, a fence some distance from the highway will be subject to the 1 metre height limit if its function is to separate highway land from other land.

    I recall there have been cases where fences up to 5 metres from the highway were adjudged adjacent to the highway and limited to 1 metre in height.
    If there were bushes /small trees in the space between the wall and the fence you might be allowed the fence.

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