Part 2 minor operations question

[calog]

I am referring to the rule below: Is there a distance from highway where the 1 metre fence changes to 2 metres? There's no mention of such measurement. The fence in question is between 2 drives (domestic premises) entering a pedestrian pavement, a layby and then the main road.*

I need some guidance on this matter, any advice would be very helpful.

Town and Country planning Act, 1990 (as amended)

The Town and Country Planning (General Permitted

Development) (England) Order 2015 (as amended)

Re; Fencinq to the front of – ADDRESS

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The Town and Country Planning (General Permitted Development) Order 2015

Part 2 'Minor Operations' Class A. 1, states that a fence would not be considered to be

permitted development where:

•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 I

metre above ground level.


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[des8]

A plan or sketch of the situation would be helpful.

[calog]

Please sketch not to scale.

[des8]

I would argue that the fence is not adjacent to the highway (ie not lying close to or bordering the highway) but is abutting the highway.

Have you run up against the local council?

[calog]

Hi DES8, I have heard from the council due to a complaint from my neighbour, they have requested that I cut the fence down to 1 metre for a 3 metre length because that is what the neighbour is requesting - I think this is far more than needed, hence the original question about a prescribed length if there is one.

I have not been in touch with the council yet, every time I try to phone, there is a recording stating to only contact them if it is urgent due to the current situation. I would like to get some advice prior to approaching them anyway.

There are some houses a few doors along that have 1.8 metre fencing across the front of their properties, with just a drive exiting directly onto the pavement (no layby), and there are also some with same height and positioned fences as mine - this is why I thought I would be allowed to replace the old fence to this height.




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[des8]

So you have replaced an existing fence with a 2 metre high fence.
Presumably the old fence was shorter and you have replaced it , and as your neighbour (on the other side of the fence?) has complained to the council I suppose the relationship is not cordial.
Or has this fence just been "maintained, improved or altered",
Even if the fence is deemed to be "adjacent", 3 metres seems to be an excessive distance to have to reduce the height.
Have the council given any reason for that length other than neighbour's request?
The purpose of a fence adjacent to the highway is to define the boundary of the property concerned from the highway. This fence does not do that.
I recall there was a decision some years ago where the inspector on appeal decided that a fence some 5 foot back from the road was not adjacent to the highway as a person standing on the footpath would not be able to touch the said fence.
However sometimes Local authorities will accept 1 metre set backs but on other occasions set backs over 3 metres have been required.
​It's a nightmare and you are in the hands of your local authority, unless you intend to appeal any decision you disagree with!
Also draw your council's attention to the apparent acceptance of similar fencing in the road

[calog]

Many thanks for your reply, I take on board what you say about the fence abutting, and I aim to use it along with other reasons. Their was a fence there already which was over 1 metre high (Approx.1.2 metres high); I replaced that fence with a 1.8 metre one for security reason - the complaint started at that point.

The situation remains the same as I mentioned previously regarding communication with the council, I am waiting to here from them.

I will keep you advised as soon as I hear anything.