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February 28, 2021 by Ash in forum Planning Forum

#951 Ash, 28 February 2021, 16:48

We have some land to the right hand side of our property, which is our boundary, total length is approx 24 metres.

We would like to install 6 ft close board fence panels from a safety and security perspective and will give us more garden space

However adjacent to the land is a footpath

I found this online with regards to the regulations

"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"

However i am not sure what 'highway' exactly refers to, is it the pavement, road or footpath? Or all?

Can i install a 2m fence without planning permission?

Pics attached showing the area of where we want to build the fence etc

#952 Damian, 28 February 2021, 20:30

Although "highway" is not defined in the Order, common law usage is that a highway is a way over which the public are entitled to pass and re-pass, including a footpath.

You will therefore require Planning to erect a wall or fence over 1m in that location.

#966 Ash, 9 March 2021, 21:24

Shedule 2, Part 2 Class A of the Town and Country Planning (General Permitted Development) (England) Order 2015 which defines what permission is granted that allows fences to be erected.

Minor operations
Class A - gates, fences, walls etc
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 if-
(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-
(i) for a school, 2 metres above ground level, provided that any part of the gate, fence, wall or means of enclosure which is more than 1 metre above ground level does not create an obstruction to the view of persons using the highway as to be likely to cause danger to such persons;
(ii) in any other case, 1 metre above ground level;

(b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed 2 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 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.

In my case a public footpath is not a highway used by vehicular traffic.

Which means that a fence with a maximum height of 2 metres can be erected on my land even if it is next to a public footpath.

The GPDO grants planning permission for a 2m tall fence adjacent to a highway UNLESS said highway is used by motor vehicles - where it must be 1m tall instead.

#967 Damian, 9 March 2021, 23:26

Saw your same copy and pasted update on both BuildHub and DIYnot and responded to the former.

#970 Ash, 12 March 2021, 09:35

@Damian, I've responded back on BuildHub

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