Fence gate

[Debbie Coomber]

There are a row of 5 houses that back onto a private lane (with premittable access for vehicles/footpath etc), classed as a highway. One of which is ours.

Back in 2017, we purchased the freehold and along with that we brought the deeds to a small strip of land that sat between what was the boundary then and the boundary of the private road. All done legally etc. We then extended our garden, to move the existing fence line back to the new boundary line. We kept the fence height the same as it was previously (6ft) and the same height from when the house was originally built back in the late 90's.

Fast forward to 2 years ago, our neighbours of the other 4 houses did the same (after also purchasing the strip of land). Again, maintaining the same fence height as it was before.

To add, none of us seeked planning permission as, stupidly, didn't think it was needed as it was a like for like height replacement and simply just moving back slightly.

Out of the blue, last week, we had a letter posted though from high peak council to say someone has put in a complaint and that we now require planning permission for the fences as they are over 1 metre and that we might require consent for the strip of land. 

One of the fences butt up directly against the road surface. There is a strip of land, about 1m between the fence line and the road.

I don't know the nature of the complaint, but it seems odd that someone is complaining now, after all this time.

I've looked on the planning portal about the permitted fence height next to a supposed highway, but surely if the fence height has been 6ft since the houses were built, can the council generally contest it now?

[Ian Walmsley]

Hi,

You have a couple of issues.

The extended gardens will all be garden land at the best and not part of the curtilage. Therefore sheds and other outbuildings could not be placed on the land. 

Fences are fine, as they do not require the land to be curtilage.

However against a highway used by vehicles the height is 1m.

By moving the fence, you are removing the original fence and reconstructed it. 

Therefore planning is required from each property. 

There is little you can do, unfortunately.

Enforcement will probably settle for an application from each property. You 'might' be able to submit one application for all dwellings.

We have managed to do this in the past, but with a different local authority.

If you and your neighbours require any assistance with the application / enforcement you can complete the form at https://planninggeek.co.uk/quote 

Sorry it is not better news.