planning dept or a solicitor in the house

rob · Post by **rob** » Fri Apr 25, 2003 10:22 pm

Ok folks, maybe someone on here either works for a planning dept or is a legal boffin??

What is the legal maximum height for a garden fence and is there any restriction on what colour I paint it??

My neighbour doesn't like my new fence and I think we are about to go into battle - lol If Peugeout cant beat me I certainly dont want to lose to my neighbour so any SERIOUS advice would be welcome.win I

symisun · Post by **symisun** » Fri Apr 25, 2003 11:41 pm

Don't know about the colour bit - you'd best check with your local council about that, but with regards to height, the general law is, I believe, that you can construct a gate, fence, wall or other means of enclosure to a height of one metre adjacent to a highway and two metres elsewhere. Over those heights you definitely have to get planning permission.

symisun · Post by **symisun** » Fri Apr 25, 2003 11:46 pm

further to my above answer - if the enclosure is done by way of a hedge, you don't need planning permission for that, whatever height it is! - hence all those programmes about neighbour disputes and leylandii!!

Duncan · Post by **Duncan** » Sat Apr 26, 2003 12:18 am

Symisun is correct. but word of advice if contacting LPA and speaking to planing officer don't give any detail of your self or property. They may just come around to have a look. The planning officer attention is not always helpfull and may complicate matters with your neighbour.

Extract from the relevant statutory instrument

Statutory Instrument 1995 No. 418
The Town and Country Planning (General Permitted Development) Order 1995

PART 2

MINOR OPERATIONS

Class A
Permitted development
A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure.
Development not permitted
A.1 Development is not permitted by Class A ifâ€”

(a) 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 one metre above ground level;

(b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two metres above ground level

(c) the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or

(d) it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.

Full instument can be found at

http://www.hmso.gov.uk/si/si1995/Uksi_1 ... _4.htm#end

Duncan · Post by **Duncan** » Sat Apr 26, 2003 12:30 am

There is no restriction on colour. Although painted pictures and wording could attract unhelpful attention of planning officers

Other things to bear in mind.

There may be restictive covenants on your property preventing the erection of fences. Details of this would be on your deeds.

There may be conditions on the planning consent for your property preventing erection of fences. More likely if built within last 30 years.

You do not say whether you have flat or house. If flat there may be conditions on a flat lease and you may need landlords consent.

Duncan · Post by **Duncan** » Sat Apr 26, 2003 12:34 am

as for hedges.

A A tall hedge is more likely to p**s your neighbour of

B Restrictive covenants may apply

C Legislation is going through parliment to control hedges

I am a Building Surveyor. This is my job PM me if you want any more help

Erm · Post by **Erm** » Sat Apr 26, 2003 3:19 am

i'll ask my sister tomorrow rob shes a solicitor

rob · Post by **rob** » Sun Apr 27, 2003 2:21 pm

thanks for all the info folks

I was at work when I posted the question, Melanie rang me to say the neighbour had put a letter through the door complaining.

So when I got home from work on Friday night at 10:30 pm I went and knocked on his door. Hi swife rushed off upstairs as I walked in

He said his wife didnt like the colour as it was too bright but he wasnt too bothered, he never mentioned the height.

I told him that we had cut the fence to the within the legal allowance and that if he liked I would paint the side of the fence he sees BUT he would have to pay for the paint and that it had to be the same stuff that I used.

He agreed even though I warned him it wasnt cheap.

He is in for a shock as it is over Â£47 per tin and will need at least 2 tins.

Melanie was right, I do scare/intimidate people. He was very nervous when I went into his house.

All settled now - so thanks folks.

Sara · Post by **Sara** » Sun Apr 27, 2003 3:55 pm

Rob,

Would you like to visit us, we live next door to a tuba teacher, we have tried to get the bears to howl but to no avail, just leave the clock radio on a little louder when we go away on holiday.

Sara

rob · Post by **rob** » Sun Apr 27, 2003 4:40 pm

Sara

you need one of these CD's that the little boyracers have in their 1.0 novas. The sine wave of the bass beat is such that it only sounds loud a meter or so away from the source - hence why it sounds so loud outside the car.

put one of these in your stereo, put the speaker next to the wall facing it and turn it one.

If they get environmental health or the police to come around, they will think its quiet in your house. So tuff luck on the neighbours - lol

Sara · Post by **Sara** » Sun Apr 27, 2003 5:00 pm

Sara

Freedive · Post by **Freedive** » Sun Apr 27, 2003 5:40 pm

Well I'm a sad Planning Officer and I can quite honestly say, we don't give a toss about heights of fences really. I wouldn't waste my time, more likely to out razzing around in the CC!