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I have a large front garden...how far back from the road (a

I have a large front...

I have a large front garden...how far back from the road (a country lane) does a 5 or 6ft  fence need to be (with gates to the drive set in the fence? (south Lincolnshire)

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Answered in 15 hours by:
7/15/2013
Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Do you prpose to contact the councils planning department in this matter please?

Customer:

I was hoping for an answer/information in terms of precedent and reasonable expectations...eg if the fence is 2-4 metres back form the road that may not need council permission?

Joshua :

Thanks. As you are almost certainly aware Part 2 of Schedule 2 of the General Permitted Development Order 1995 provides that you may erect a fence up to 2m in height unless adjacent to a highway in which case the height may not exceed 1m.

Joshua :

That is well so far as it goes but the question of what the word "adjacent" means is unhelpfully not defined nor has there been a binding decision which has established the same which leads to differing decisions from one local authority to another and even on the part of planning inspectors.

Joshua :

What has arisen instead is a "common sense" approach whereby councils and inspectors are supposed to judge the fence on the basis of what the GDPO was intended for - namely it was intended to avoid the erection of structures which could potentially interfere with highway safety or undermine the visual amenity of an area and the gates would not have any such adverse effects

Joshua :

There has been a decision that a fence set back 20m from the road would not interfere but this does not suggest that fences lying less than 20m from the highway would interfere.

Joshua :

The safest approach in such circumstances unfortunately is to obtain a written confirmation from the local authority to confirm that they are satisfied that your proposal falls within permitted development and does not require planning permission. If you fail to do so there is a risk that you may receive an enforcement notice in which case you are at the mercy of what a council official "thinks" which is never a pleasant position to be in

Joshua :

This is a copy of the above appeal decision re 20m I refer to for your information:

Joshua :

http://www.compasssearch.co.uk/compass/searchresults.html

Joshua :

Is there anything above I can clarify for you?

Customer:

Thank you Joshua, perhaps a natural hedge is a safer option, and common sense and councils do not always necessarily go hand in hand! Just to let you know that both Q's & A's here are endlessly repeating....a glitch perhaps? Kind regards

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any
further?

Joshua :

Sorry I have just seen your post - it is hidden by a message which seems to be repeating itself as you refer to. Apologies for the inconvenience.

Joshua :

I agree with your comments. A hedge could be a better option but a council can still take action to insist a hedge is reduced in height if it is interfering with the highway so it does not remove the risk altogether.

Joshua :

You may consider an informal or even anonymous approach to the council to sound out their views on how they treat such matters. They will often be quite helpful without making a formal application

Customer:

Many thanks for your help

Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
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