Building fence on boundary line

[Al@n]

I called my local planning department, but unfortunately they do not offer a pre planning advice service!

I spoke to a helpful woman who was unable to advise me conclusively, but referred me to contact Planning Aid England.

I've submitted an enquiry, but also found the following on their website regarding fences:

https://planningaid.zendesk.com/hc/...a-gate-fence-wall-or-other-means-of-enclosure


The information on the planning website makes no reference to a "footpath" whereas elsewhere online I've seen the following statement:

'No planning permission is required for a wall or fence that is under 2m in height. However, if that wall or fence is adjacent to a highway (including a footpath) then the height of a wall or fence cannot exceed 1m without planning permission'

I'm confused as its ambiguous and unfair for me to pay out a small fortune for planning and for it to be likely rejected!

So as the neighbour has fitted a 1m palisade picket fence it is very unlikely they will refuse my application for a 2m closeboard fence? And its not in keeping with the street scene?

 

[DevilDamo]

I'm confused as its ambiguous and unfair for me to pay out a small fortune for planning and for it to be likely rejected!

Anybody who submits a Planning application runs the risk of it being refused. Nobody can guarantee approval.

So as the neighbour has fitted a 1m palisade picket fence it is very unlikely they will refuse my application for a 2m closeboard fence?

Very unlikely? Probably more 50/50 Why don’t you just submit and see?

 

[mattylad]

You could just put it up.
Many others would, it may be likely that no one will complain and no planning officers will do anything about it.
Or maybe not.

 

[Al@n]

@DevilDamo i think i may have to take the gamble and hope it's approved, looks like i have no other choice!

@mattylad well we were considering putting up the fence last year and informed the neighbour. A couple of days later another neighbour came knocking asking whether we had applied for planning, so it put us off as likely they will report us to the council!

 

[^woody^]

From the image, there sees to be a very "open plan" estate feel to it. There may be additional covenants to maintain that.

Also the way a tall fence would enclose that path and completely alter the appearance, together with how a fence would affect that house at the far end and their front garden, would be material considerations for any planner, and ones that need to be addressed in any application.

 

[Diver Fred]

Rather than ask planning go to your area's (county?) highways office and ask them for guidance. Do you have a site plan for house and surrounding area. You could ask the local highways people for a copy of what information they have. If you apply for planning then I'd expect the planners to be in contact with the highways office for their take on it (but they may not and block you outright). In my home village there is a public footpath/right of way that run between the church yard and a new housing estate - the builders erected a 2mtr high fence along the new houses gardens as part of the build.

Is the footpath adopted? Is it a Public Right or Way?

How old is your property 'cause it looks to me the decision to erect a fence was too difficult for your builders to decide. I had a similar issue and whilst I didn't get the resolution I wanted I did learn a lot from the highways people.

 

[^woody^]

The classification of the highway, or whether it's adopted or not makes no difference in terms of planning regulations.

 

[Al@n]

As the footpath is maintable at public expense does this mean it is not the council's responsibility and therefore I could build a fence on my boundary line?

I've also looked around the area, another property I've seen have built a fence which has a footpath, although its one side whereas our footpath is between 2 houses

 

[kingandy2nd]

I feel like it’s groundhog day

 

[^woody^]

As the footpath is maintable at public expense does this mean it is not the council's responsibility and therefore I could build a fence on my boundary line?

I've also looked around the area, another property I've seen have built a fence which has a footpath, although its one side whereas our footpath is between 2 houses

That's a completely different situation visually.

Planning is concerned with how things look and impact. That photo above is along a road, but visually its a big wide open space and the visual impact of the fence is minimal. That is not the case with the side of the house and the narrowing of the space between the houses and the garden of the house at the far end.

 

[diy_fun_uk]

I wonder if you could lessen the visual impact (and depending on taste it might look better) by having a 1 metre fence at the front, transitioning to a 2 metre fence half way up the gable end wall? That way, if I'm looking at the pic correctly, the majority of the higher fence is opposite a section of the neighbours garden that very likely isn't used? So, when they're in the front of their garden and look across, it's a 1 metre section they see rather than 2 metre. Would also be a good balance in my opinion for your side. Drive and front garden less closed in. And less severe for those using the footpath.

 

[Lower]

Just go for planning. I had a similar scenario and applied for planning. I supplied a layout similar to the one you put in your first post, showing which boundary i wanted the fence on and a written description of the fence. My fence was actually 1m from a footpath for most of its length, but was in a prominent position in the town and 2.4m high. I emphasised the security issues and the fact that it was at the bottom of a slope and ended up compromising with the planning office and making the top 300mm trellis for a short section.

It cost approx £180 which was about 4% of my fence cost at the time.

 

[charliegolf]

£4500 for fence! Jeez!

 

[charliegolf]

Build half the length and wait. If challenged, apply for PP. If refused, cut the top half off and do the rest at 1m.

 

[Al@n]

I contacted the council public rights of way dept who have confirmed it's a public footpath based on the definitive map.

I'm going to take the gamble and apply for planning but not holding breath, as stated earlier as its not in keeping with the street scene and to make matters worse the neighbour fitted a 1m palisade picket fence!

But we'll see...