do i need planning permission for a fence around my garden

Do I Need Planning Permission for a Fence Around My Garden?

By Christopher Johnson
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When considering a new fence for your garden, you might wonder, "Do I need planning permission for a fence around my garden?" The answer isn't always straightforward, as it depends on various factors, including your location, the type of fence, and the height you're planning. This guide will help you navigate the intricacies of planning permission for garden fences in the UK.

Before we delve into the specifics, it's essential to understand that planning permission is typically not required for fences under a certain height. However, there are exceptions, and it's crucial to be aware of the rules to avoid potential issues with your local council or neighbours.

Understanding Permitted Development Rights

In the UK, Permitted Development Rights allow you to make certain changes to your property without needing planning permission. These rights are granted automatically with your property, but they can be removed or restricted, for instance, if your property is a listed building or in a designated area like a conservation area or an Area of Outstanding Natural Beauty.

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It's crucial to check if your property has these rights before proceeding with your fence installation. You can do this by contacting your local council's planning department or using the Planning Portal's interactive house guide.

Height Restrictions for Fences

For fences at the boundary of your property, the general rule is that you can build a fence or wall up to 1m high without needing planning permission. However, if your fence is next to a highway used by vehicles (or the public has access rights over it), the height limit is reduced to 0.6m.

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It's essential to note that these height restrictions apply to the entire fence, not just the section next to a highway. Additionally, if your fence is made of close-boarded or overlapping panels, it's considered a solid barrier, and the height limit is reduced to 1m regardless of its location.

Other Considerations for Fences

While height is a significant factor, it's not the only consideration when determining if you need planning permission for a fence. Other factors include the materials used, the design, and the impact on your neighbours' privacy and light.

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For instance, you may need to consider serving a notice under the Party Wall etc. Act 1996 if your fence is to be built on or astride the boundary line between you and your neighbour. This act ensures that both parties are treated fairly and that any disputes are resolved amicably.

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When Planning Permission is Required

Although the rules for garden fences are generally permissive, there are instances when planning permission is required. These include:

1. **Listed Buildings and Conservation Areas**: If your property is a listed building or in a conservation area, you may need planning permission for any fence over 1m high, regardless of its location.

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2. **Designated Landscapes**: If your property is in an Area of Outstanding Natural Beauty, the Broads, or a National Park, you may need planning permission for any fence over 1m high, even if it's not visible from a public right of way.

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3. **Flats and maisonettes**: If you live in a flat or maisonette, you may need planning permission for any fence, regardless of its height, as your property may not have Permitted Development Rights.

Serving a Notice Under the Party Wall etc. Act 1996

As mentioned earlier, if your fence is to be built on or astride the boundary line between you and your neighbour, you may need to serve a notice under the Party Wall etc. Act 1996. This act provides a framework for preventing and resolving disputes in relation to party walls, digs, and other structures that straddle the boundary between two properties.

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Serving a notice gives your neighbour the opportunity to consent to the works, object to them, or agree to an award being made. If your neighbour does not respond to the notice, you can appoint a surveyor to make an award on their behalf.

In conclusion, while planning permission is not always required for garden fences, it's essential to understand the rules and regulations to ensure you're acting within the law. Always check your property's Permitted Development Rights, consider the height and location of your fence, and be mindful of your neighbours' rights. If you're unsure, it's always best to consult with your local council or a professional surveyor to avoid any potential issues. Happy fencing!

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