Planning Permission for Building a Fence: A Comprehensive Guide

When considering adding a fence to your property, one of the first questions that often arises is whether you need planning permission. The answer isn't always straightforward, as it depends on various factors, including the location, height, and type of fence. This guide will help you navigate the complexities of planning permission for building a fence, ensuring you stay on the right side of local regulations.

Before diving into the specifics, it's essential to understand that planning permission is typically required for significant changes to your property. However, many fence installations fall under what's known as 'permitted development' rights, which allow certain types of work without the need for planning permission. Let's explore the intricacies of planning permission for fences, ensuring you're well-informed before making any decisions.

Understanding Permitted Development Rights

Permitted development rights are a set of rules that allow homeowners to make specific changes to their property without needing to apply for planning permission. These rights apply to most houses and are outlined in the Town and Country Planning (General Permitted Development) (England) Order 2015. Understanding these rights is crucial when planning to build a fence.

However, it's essential to note that permitted development rights can be restricted or removed entirely in certain areas, such as conservation areas, national parks, and areas of outstanding natural beauty. Always check with your local planning authority to ensure you're not in a restricted area before proceeding with your fence installation.

Fence Height and Permitted Development Rights

One of the primary factors determining whether you need planning permission is the height of the fence. For most properties in England, you can build a fence or wall up to 1 meter (3 feet 3 inches) high without needing planning permission. This height limit applies to the front of your property and any boundary that fronts a highway.

However, if your property is located in a designated area, such as a conservation area or an area of outstanding natural beauty, the permitted height may be lower. In such cases, you may need to apply for planning permission for any fence higher than the specified limit. Always consult your local planning authority to confirm the permitted height in your area.

Fence Location and Permitted Development Rights

The location of the fence also plays a crucial role in determining whether you need planning permission. As mentioned earlier, the front of your property and any boundary that fronts a highway have specific height restrictions. Additionally, if your fence is to be erected on the boundary with a neighbor, you should first consult with them to ensure you're both in agreement.

If you're unsure about the location of your property's boundaries, you can hire a professional surveyor to conduct a land survey. This will help you determine the exact location of your property lines and avoid any potential disputes with neighbors.

When Planning Permission is Required

While many fence installations fall under permitted development rights, there are instances when planning permission is required. Some examples include:

• Building a fence higher than the permitted limit in your area.
• Erecting a fence on a designated site, such as a national park or an area of outstanding natural beauty.
• Installing a fence that would prevent or obstruct a legal right of way.
• Building a fence using materials that are not typically used for fencing, such as stone or brick.

If you're unsure whether your fence installation requires planning permission, it's always best to consult your local planning authority. They can provide guidance tailored to your specific situation and help ensure you're in compliance with local regulations.

Applying for Planning Permission

If you've determined that your fence installation requires planning permission, the next step is to submit an application to your local planning authority. The application process typically involves submitting a completed application form, a site plan, and the appropriate fee.

Your local planning authority may have specific guidelines for submitting an application, so be sure to consult their website or contact them directly for more information. Once your application has been submitted, it will be reviewed by a planning officer, who will determine whether your proposed fence complies with local regulations and planning policies.

Appealing a Decision

If your application for planning permission is refused, you have the right to appeal the decision. The appeals process typically involves submitting a formal appeal to the Planning Inspectorate, which is an independent body responsible for handling planning appeals in England.

Before appealing a decision, it's essential to carefully review the reasons for refusal provided by your local planning authority. In some cases, you may be able to address the concerns raised and resubmit your application. However, if you believe the decision was made in error or is unreasonable, you can proceed with an appeal.

In conclusion, planning permission for building a fence is a critical aspect of ensuring your installation is compliant with local regulations. By understanding permitted development rights, consulting with your local planning authority, and following the application process, you can successfully navigate the complexities of planning permission and enjoy the benefits of a well-designed fence. Don't hesitate to seek professional advice if you're unsure about any aspect of the process, as it can save you time, money, and potential legal issues in the long run.