Fence height

[Niccc]

Hi There

It's my understanding that you are allowed to build to the standard fence panel height of something like 6 foot.

However, at the bottom of my garden, there are some steps down from the level of the grass, about 3 foot, to a gravel pathway that goes from one side of the garden to the other. Along this path is a sort of picket type fence about 3 feet high.

Behind the garden then is a little stream, and on the other side, a field.

There's some work going on in the field today and it's got me thinking about putting a fence up at the back of my garden as if this is an extension to the nearby park it would make a big difference to the privacy out the back.

So with this in mind, would I be only allowed to build 6' up from the level of the path, or would I be able to build 6' from the level of the actual garden level?

Probably only a long shot but, my deeds show the perimeter of my house to be in the middle of this stream, so would it make any difference that this fence isn't actually on my boundary, but a few meters inside of it?

Thanks!
Nick

 

[tony1851]

2m (c. 6'7") is the limit for fences not adjacent to a highway, so you will be OK. Height refers to highest point of the ground.

(assuming no special circumstances eg listed building, AONB etc).

 

[Niccc]

Hi Tony

So I could build a 9 foot fence here?

 

[tony1851]

No; a 2m fence on the edge of the higher ground

 

[Niccc]

Ah I see, thanks

I think I'll also speak to the council about getting permission for a higher fence from the lower ground, especially in light of the fact it's them that are changing the use of that ground which is quite a drastic change from when I bought the house

 

[Niccc]

Just had a look down the end of the garden, and this pathway doesn't go the full width of the garden

i.e. it stops about 12 feet short of the boundary on one side, and four feet on the other, so the higher ground continues right down to the back edge of my property in like a 'C' chape, with the hole in the middle of the 'C' being the lower ground

With this in mind, could this dictate how high the fence could be?

I did a sketch! (don't take the p*ss)

 

[mattylad]

No, its makes no difference as the fence will be in the higher ground not the pathway.

You can erect a 2m/6.6" fence, any higher and you would need planning permission.

The height is measured from original ground level, not exactly the highest point of the ground (because if your garden slopes you could have a higher fence at one end if it was from the highest point) so the average point of the height is your base level - you can go 2m above that. You cannot build the ground up to enable you to have the fence higher either.

 

[^woody^]

The height is measured from original ground level, not exactly the highest point of the ground

It's measured from the highest point of the ground immediately adjacent the proposed fence

 

[planningjungle]

Hi all,

Just to let you know - from a very technical and legal point of view, I think you have to be very careful about applying the above definition of "height" to boundary treatments.

The above definition of height comes from Article 1(3) of the GPDO, which defines "the height of a building or of plant or machinery". However, in Article 1(2) of the Order, it states that the term building "does not include any gate, fence, wall or other means of enclosure" (except in Parts 31 and 33). This means that the above definition of height, which includes the reference to taking the measurement from the highest adjacent ground level, does not apply to boundary treatments under Schedule 2, Part 2, Class A.

Of course, it could be argued that in the absence of any definition of "height" in relation to a boundary treatment, it's reasonable to apply the same definition as above (i.e. the same definition as for other structures). However, it could ALSO be argued that the fact that boundary treatments are excluded from the above definition implies that a different definition should be used - for example maybe a more everyday definition of height that would involve measuring each part of the fence above the ground directly below it.

In practice, I think that most LPAs probably apply the same definition as above - probably because most people aren't aware that it doesn't apply to boundary treatments. However, it might be worth checking with your particular LPA, in case they apply a different definition.

Thanks,
Steve