Fences - Gates - Walls - Permitted Development

FENCES, GATES AND WALLS – PLANNING PERMISSION

If you want to erect a fence, build a wall or install gates at your property or premises, you may need planning permission – requiring a planning application to your local authority.

Planning applications cost money, take time, and require an assessment to be made by a local planning authority officer. Your neighbours will be consulted and can object to your proposals.

However, it is possible under planning rules in England to undertake certain works without the need to apply for planning permission – subject to ‘permitted development’ rules being met in terms of the size, type and location of the works.

The relevant rules are set out in the Town and Country Planning (General Permitted Development) (England) Order 2015, as amended.

PART 2 PERMITTED DEVELOPMENT RIGHTS

Often associated with residential properties, but applicable to all types of premises is Schedule 2, Part 2, Class A of the GPDO grants permission for a range of works and alterations, including fences, gates, walls, etc as outlined below.

FENCES, WALLS AND GATES – PERMITTED DEVELOPMENT RULES

Planning permission is not normally required to take down a fence, wall, or gate, or to alter or improve an existing fence, wall or gate (no matter how high) if you do not increase its former height. There are some exceptions, such as if you are in a Conservation Area, or the structure is subject to a condition attached to an earlier planning permission for instance.

If you wish to erect a new fence, wall or gate, or increase the height of an existing one, you can normally do this without a planning application for any structure:

up to a height of 2 metres.

That is,

unless it is to be located adjacent to a highway used by vehicular traffic(or the footpath to such a highway), in which case it must not exceed 1m in height.

There is a mass of case law on what constitutes ‘adjacent’ for the purposes of Part 2, so if you have any doubts in your specific circumstance, seek advice from a planning professional or your local planning authority.

PERMITTED DEVELOPMENT – PROTECTED AREAS

If you live in any of the areas listed below, additional limitations on ‘permitted development’ will apply:

Conservation Areas
Areas of Outstanding Natural Beauty
National Parks
the Broads
World Heritage Sites

Contact your local authority or seek professional advice before starting works if you live in these areas.

REMOVAL OF PERMITTED DEVELOPMENT RIGHTS

Permitted development rights can also be removed by your local planning authority, either through the addition of a Condition on a previous planning permission, or through imposition of an Article 4 Direction.

CONTACT YOUR LOCAL PLANNING AUTHORITY BEFORE STARTING WORKS

For the purposes of planning, contact with the local planning authority is generally only necessary before carrying out permitted development where:

‘prior approval’ from the local planning authority is required under PD rules
a ‘neighbour consultation scheme’ is in place
the local planning authority has a Community Infrastructure Levy in place which requires developers to contact the local planning authority before carrying out permitted development. Failure to do this may result in the local planning authority imposing a surcharge on a developer
the permitted development rights require the developer to notify the local planning authority of a change of use

Schedule 2 of the GPDO sets out when any advance notification is required. If you are in any doubt, contact your local planning department or seek professional advice.

PERMITTED DEVELOMPENT RIGHTS AND CIL

If a development is over 100 sq m in size, it may be liable for a charge under the Community Infrastructure Levy (CIL).

Check with your local planning authority whether they use CIL in your area and whether it applies to permitted development.

And Finally …

PD rights are subject to change. The guide above is for general information only and does not constitute advice. Local and site-specific circumstances can differ and affect whether a planning application is needed.

Other consents (such as Listed Building Consent, Building Regulations or notifications under the Party Wall Act) may also be needed.

To determine whether planning permission or other consents are required, seek professional advice or clarification from your local authority before starting works.