Garden fences can add aesthetic value, security, and privacy to your home. However, in England, specific planning regulations dictate how high these fences can be. Understanding these regulations is essential to avoid legal issues and ensure your property improvements are compliant.
In England, the height of any boundary enclosure is regulated by national planning regulations, which are set out in the General Permitted Development Order. According to the current guidelines:
– Without Planning Permission: The maximum height for a garden fence is 1 metre (about 3.3 feet) if it is adjacent to a highway used by vehicles or the footpath of such a highway. If the fence is not adjacent to a highway or footpath, the maximum permissible height is 2 metres (about 6.6 feet).
– With Planning Permission: If you wish to erect a fence higher than these limits, you will need to apply for planning permission from your local planning authority.
This relates to any boundary enclosure i.e. wall, email railings, fence, etc.
Key Considerations for Garden Fences
Location: The location of your fence significantly impacts the permissible height. Fences adjacent to highways and footpaths are subject to stricter regulations due to safety concerns, such as visibility for drivers and pedestrians.
Materials and Design: While height is a crucial factor, the materials and design of your fence should also be considered. Some local planning authorities may have additional guidelines or restrictions based on the aesthetic and character of the neighbourhood. For instance, a traditional area might have restrictions on modern, metal fences.
Listed Buildings and Conservation Areas: If your property is a listed building or located within a conservation area, you may face additional restrictions. In these cases, you are likely required to obtain planning permission regardless of the fence height. Always check with your local planning authority for specific requirements.
Boundary Disputes: Before erecting a fence, ensure you are clear about your property boundaries. Erecting a fence on your neighbour’s property or a shared boundary without agreement can lead to disputes. Consulting property deeds and, if necessary, discussing plans with neighbours can prevent potential conflicts.
Local Covenants and Deeds: Sometimes, property deeds and local covenants may impose additional restrictions on fence heights and types. Review these documents carefully to ensure compliance with any specific stipulations related to your property.
Steps to Apply for Planning Permission
If you need to erect a fence that exceeds the standard height limitations, follow these steps to apply for planning permission:
- Consult Your Local Planning Authority (LPA): Contact your LPA to discuss your plans and get advice on the application process.
- Prepare Your Application: Include detailed drawings and descriptions of the proposed fence, including materials, height, and location.
- Submit Your Application: Submit your application through the Planning Portal or directly to your LPA.
- Await Decision: The LPA will review your application, which may include a public consultation period. This process typically takes 8 weeks.
- Compliance: If approved, ensure your fence is built according to the approved plans. If denied, you can modify your plans and reapply or appeal the decision.
Check out our article How To Apply For Planning Permission for more detailed guidance.
Related Planning Issues
Permitted Development Rights: Permitted development rights allow homeowners to make certain changes without needing planning permission. However, these rights are subject to specific limitations, particularly in designated areas like national parks and Areas of Outstanding Natural Beauty (AONB). Additionally, Article 4 Directions or specific conditions may remove these rights, requiring planning permission for changes that would otherwise be permitted.
Hedges and Trees: Similar to fences, hedges and trees used as boundaries can also be subject to regulations. If a hedge exceeds 2 metres in height and a neighbour complains, the local council can take action under the Anti-social Behaviour Act 2003.
For more detailed guidance tailored to your specific situation, consulting with your local planning authority or a planning expert is recommended. At Planning House, we are dedicated to helping you navigate these regulations smoothly and effectively. Don’t hesitate to get in touch if you require an assistance.
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More information for you is available in our series of eBooks and Practical Guides which cover everything from the very basics of town planning to application processes and what developers need to consider.
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