If your neighbour won’t fix their garden fence, wh...
Date: 11th Apr 2017
One of the first questions you may have when you’re thinking of putting up a new fence is whether or not you need planning permission.
You will need planning permission for a new fence in England if it meets any of the following criteria:
If you want to add trellis to the top of your fence, the total height must not exceed the limits described above, that is, 2m (6ft 6in) or 1m (3ft 3in) next to a road or footpath.
These criteria may vary depending on your location, so you should always check with your local planning authority. You should also inform your neighbour(s) if the fence will be on their property’s boundary – this simple courtesy can head off any disputes later on.
There's little in the way of definitive information on this point. UK legislation defines the permitted height of fencing that is "adjacent" to a footpath or highway, but doesn't define "adjacent". However, it's generally accepted that fences at least one metre from the road are limited to one meter in height, and fences more than 1 metre from the road can be up to two metres tall.
As this isn't set in stone, it would be wise to seek the advice of your local planning officials before you erect any dence close to a path or road.
Oddly, we can't find any official UK information about whether planning permission is required to put up a fence in a Conservation Area, but you may well need permission to take one down. We recommend you check with your local authority Conservation Officer.
If any part of the site is a listed building, or within the curtilage of a listed building, you will need planning permission before you put up a fence.
Your local authority could issue an enforcement notice to take down any fence or gate which doesn’t comply with permitted development and which hasn’t obtained planning permission.
Enforcement notices can be issued within four years of the date that the fence or gate was put up; after this period there is very little risk of action being taken. If your neighbours don’t raise any objections and the local authority doesn’t notice within this time, it’s unlikely that an enforcement notice will be served.
That said, we’d always recommend that you obtain planning permission when required to avoid a potentially stressful and expensive situation developing later.
In ordinary circumstances you don’t need permission to take down, alter, improve or maintain an existing fence or gate as long as anything you replace it with doesn’t increase its height.
Released On 7th Jul 2016