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Start a conversationOne metre by the road, two metres behind it.
Most walls, fences and gates are permitted development. The limit is one metre where the boundary is next to a road used by vehicles, and two metres everywhere else. If the building is listed, there is no right at all.
A wall is the smallest thing anyone applies for, which is exactly why it is worth seeing one done properly.
A farm on the main street of a village in south Leicestershire. The proposal was a boundary wall and nothing else, and it went in as a full application rather than being built under permitted development rights.
The instructive part is the reference itself. It is recorded as a revision of an earlier application made the same year, which means the first version was reconsidered and a second one submitted rather than the scheme being pushed through unchanged or abandoned.
That is the whole method on a small application. A wall on a village street is judged on how it sits in the street, and the fastest route to a yes is usually to adjust the thing being complained about rather than to argue that the complaint is wrong.
Applying rather than assuming has a second advantage that is easy to overlook on a job this size. A permission is a public record that the wall is lawful, which matters at sale in exactly the way a loft conversion built under permitted development can matter: the enquiries ask what the structure was built under, and a decision notice answers the question in one line. Where a wall is close to a limit, or where the ground level makes its height arguable, that certainty is worth more than the fee.
Height on a sloping site is the detail that most often turns an assumed right into a breach. The limits are measured above ground level, and on a street that falls, a wall built to a consistent coping line is taller at one end than the other. A wall that is a metre at the gate can be well over it forty feet away, and it is the tallest point that decides whether the right was available.
Perimeter fencing replaced with palisade fencing at 2.4 metres on a commercial site in Birmingham. Well above the two metre limit, so an application was the only route, and the security case is what carried it rather than the appearance.
An access road alteration with a new driveway, fences, a gate and walls, taken through as one householder application. Bundling the entrance works into a single submission is usually faster than treating the gate and the wall as separate questions.
Fencing details submitted and approved to discharge a condition on a change of use in Northamptonshire. Where enclosure matters to a decision the council will often grant permission and then hold the detail back under a condition of its own.
Every planning application we make in our own name is a matter of public record on a council register, and ours reach more than 100 planning authorities across the UK.
Architects for private homes →Send us your project and where it is. A Senior Architect will give you an initial appraisal and guide you as to what to do next.
→ Start a conversationMost people asking this question do not need permission, and the answer usually takes two measurements and one look at a map. Measure the intended height above ground level, and establish whether the boundary is next to a road used by vehicles.
Under a metre at the front, or under two metres anywhere else, and the work is almost certainly permitted development. Over either figure and it is an application. There is no sliding scale and no allowance for a good reason: the limits are absolute, and a fence at two metres and fifty millimetres is outside the right in exactly the way one at three metres is.
Three things remove the right regardless of height, and they are worth checking before the tape measure comes out. A listed building, which takes it away completely. An Article 4 direction, which can withdraw it street by street. And a condition on the original planning permission, which is common on newer estates and is the reason a neighbour on a modern development may have needed permission for something you would not.
Ground level is the phrase doing the quiet work in all of this, because a height is only meaningful once you know what it is measured from. Where the ground on the two sides of a boundary differs, the height is taken from the higher side, which means a fence that looks modest from the garden it serves can be over the limit as measured from the land next door. Where the ground falls along the length of a run, the tallest point governs.
It is also worth separating the two questions people tend to merge. Whether a structure needs planning permission is one question; whether you are entitled to build it where you intend to is a completely different one, answered by the deeds rather than the council. A great many boundary problems are ownership problems that have been brought to the planning system by mistake, and the planning system has no power to settle them.
Class A of the order gives the right and then limits it four ways. Any one of them can put a boundary outside it.
Where a gate, fence, wall or other means of enclosure is next to a highway used by vehicular traffic, the limit is one metre above ground level. That is the front boundary of most houses, and it is why front walls are low.
Anywhere not next to a vehicular highway, the limit is two metres above ground level. That covers the ordinary rear garden fence, and it is the figure most people already have in mind when they ask the question.
The right is not available within the curtilage of a listed building, or to a wall, fence or gate surrounding one. Height is irrelevant. A low garden wall at a listed house is an application where the same wall next door is not.
Maintaining, improving or altering an existing enclosure is permitted, but not above the greater of its original height and the limit that would apply to a new one. An old high wall may lawfully be repaired as it stands.
Where an application is needed, the case is narrower than most people expect and it is worth arguing on its own terms rather than on the merits of privacy. A council deciding a boundary application is looking at three things, and only three.
What it does to the street is the first and usually the decisive one. A high solid fence across a front garden in a street of low walls and open frontages reads as a hole in the pattern, and that is a legitimate reason to refuse it. The same height, set behind a hedge or built in a material the street already uses, frequently reads as unremarkable. Matching what is already there is not timidity here; it is the argument.
Visibility is the second. Where a boundary meets a driveway or a junction, anything solid above about a metre starts to obstruct the view of a driver pulling out, and a highway objection on those grounds is very difficult to answer with design. The third is the effect on the neighbour, principally loss of light to a window or a garden, which is why a two metre fence along a short boundary is usually uncontroversial and the same fence along a long one may not be.
The practical route through the visibility problem is to stop treating the boundary as a single object. Splayed, lowered or open construction for the first two or three metres either side of an access, with the full height picked up beyond it, answers the highway point precisely while giving up almost nothing that the enclosure was for. Railings, slatted panels and open ironwork all read as enclosure without reading as an obstruction, and they consent far more easily at the front of a property than close boarding does.
On a listed building the question changes shape entirely, because the wall is usually part of what is being protected rather than an addition to it. The argument there is about the significance of the existing boundary and what the work does to it, and the moves that succeed are conservative: matching brick and bond, lime mortar rather than cement, keeping an original coping, and repairing in place rather than rebuilding. A boundary wall is often the oldest fabric on a site, and it is treated accordingly.
Only where the footpath runs alongside a highway used by vehicles. A footpath on its own, with no road beside it, does not bring the lower limit into play.
The restriction is tied to a highway used by vehicular traffic, so the question is what the boundary actually adjoins rather than whether people walk past it. A pavement beside a road forms part of that highway, which is why a front garden wall is almost always held to the lower limit even though the wall touches the pavement rather than the carriageway. A public footpath running between two gardens, or across a field, is a different thing, and a boundary next to one is generally treated under the higher limit. Where a site is on a corner or fronts a service road, it is worth establishing what is adopted highway before assuming which limit applies, because the answer is a matter of record rather than appearance.
Ownership and planning are separate questions. Permission does not give you the right to build on someone else's land, and owning the boundary does not exempt you from needing permission.
This is the single most common confusion in the subject, and the two systems genuinely do not talk to each other. Planning asks whether the development is acceptable; ownership is a matter of the deeds and the title plan, and the T marks on it. A council can grant permission for a wall on a boundary you do not own, and that permission is worth nothing against the neighbour who does. Equally, a boundary that is unambiguously yours still needs permission if it exceeds the limits. Where a wall is to be built on the line itself, or where an existing shared wall is being altered, the party wall legislation is a third separate obligation again.
Yes. A retrospective application is a normal application, decided on the same tests. What it does not do is guarantee the answer, and the fence has to come down if it is refused.
There is nothing improper about a retrospective application and councils determine them routinely, but it reverses the negotiating position entirely. An application made before the work can be adjusted freely; one made afterwards is a proposal to keep something that already exists and that a neighbour may already have complained about. If it is refused, the structure is unauthorised and the authority can require its removal by enforcement notice. Since 25 April 2024 the enforcement period in England is ten years for every breach, so the old expectation that an unauthorised structure becomes safe after four years no longer holds. Applying first is cheaper than applying afterwards, and dramatically cheaper than taking a fence down.
Usually yes if they are over one metre, because a driveway entrance is by definition next to a highway used by vehicles. The height is measured above ground level.
Entrance gates are caught more often than almost anything else in this subject, precisely because they sit at the point where the property meets the road. Anything above one metre there needs an application, and gates are rarely designed at a metre because a metre is not much of a gate. Two further points are worth knowing. Gates that open outwards over a public footway raise a highway objection separate from planning, which is why inward opening or sliding gates are easier to consent. And where the gate serves a listed building, or the wall it hangs on encloses one, there is no permitted development right at all and listed building consent is likely to be needed as well as permission.
A retaining wall is usually engineering rather than an ordinary means of enclosure, so it is more likely to need permission and it always needs to be designed properly.
Where a wall is holding back a change in ground level rather than simply marking a boundary, it stops being a straightforward means of enclosure and becomes an engineering operation, which is development in its own right. The practical consequences are that the permitted development limits are not a safe guide, that the design needs structural input rather than a bricklayer's judgement, and that the effect on the neighbouring land and on drainage becomes a planning matter. Where the retained height is significant the wall will usually be the subject of its own application, and where it sits on or near a boundary the party wall legislation is engaged as well.
No. Planting is not development, so a hedge needs no permission at all however high it grows. A separate high hedges regime deals with complaints about them.
Growing something is not building something, so the permitted development limits simply do not reach a hedge, and there is no height at which planting one becomes development. That is why a hedge is so often the answer where a fence would need an application. The control that does exist is a complaints system rather than a consent one: a neighbour affected by a high evergreen hedge can ask the council to intervene, and the council can require it to be reduced. Trees are different again, because a preservation order or a conservation area designation can control work to them, which cuts the other way and can prevent removal.
No. An objection is a consideration, not a veto, and it only carries weight so far as it raises a genuine planning issue such as highway safety or the character of the area.
Neighbours are consulted on any application and their comments are read, but a decision turns on planning matters rather than on the number of people who dislike the proposal. Loss of a view is not a planning consideration at all. Loss of light, harm to the appearance of the street, and obstruction of visibility for drivers are, and an objection framed in those terms is one an officer has to address. The corollary is worth stating too: a boundary dispute about where the line runs is a private legal matter that the planning system has no power to resolve, and raising it as an objection will not affect the planning decision either way.
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