Rear Garden Fencing facing byway

October 6, 2022 by Deni Toma in forum Planning Forum

#1381 Deni Toma, 6 October 2022, 22:06

If there is a 1 meter fence facing our byway, then hedging behind it in our land, can we also erect a taller fence after the hedging (again further into our Land) for security? Let's say about a 2 meter fence? If it's now facing a standard 1 meter fence and no longer the byway road, could we do this without planning permission? It does comply with regulations of what is and isn't acceptable but seems to be a grey area in the hands of the vaguest law in the UK, which fails to mention how far can a fence be from a byway/road.

#1383 Damian, 7 October 2022, 22:14

There have been a few Appeal cases where it’s questioned what is considered adjacent to a highway. In your case and if a hedge helps with the separation, then it could be argued the fence can be erected up to 2m without Planning.

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