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Fence height

5 replies

milkypop · 10/06/2024 20:50

Bear with me while I try to explain this for some extra advice/reassurance....

So, the party wall between us and our neighbours' is also the retaining wall for their property. The house and garden level is around 3m higher than our house as we are on a hill. The house has a lower level path along the party wall which is around 2m higher than our garden. We've discussed with our neighbours a 6ft fence on the party wall (it causes no damage to the structure as per PWA), given this is essentially floor height of the side path but lower than the house and garden level. The fence is around 10ft from our garden level now but 6ft from the path level. If we were to run it 6ft off the ground our side it wouldn't come to our neighbours ankles on their path. This fence gives both of us privacy as we were overlooked and we could also clearly see them too. They are so lovely, but of course everyone needs privacy.

Our neighbour is happy with the height, it doesn't obscure any view from the garden itself and if they walked to the boundary of their garden level, they could still see over to us, as this is higher than the path level the fence is on.

In the circumstances and off-setting the property heights due to the hill/retaining wall, we didn't seek planning permission and neighbour agrees to the work. The fence itself is at its highest, 6ft off the wall at the garden and steps down the side of the property gradually to 2ft on top of the wall.

I really hope this makes sense. I'm looking for some reassurance this is ok, and if there may be others in the same situation.

Thanks

OP posts:
TizerorFizz · 10/06/2024 23:10

So the total height of the wall and fence is??

Someone in our village put a fence on top of a 2m retaining wall without pp and the council refused when he did try and get pp. Went to appeal and he won. Very long drawn out case. You don’t need pp for a hedge. Or pleached trees. Can you plant any?

milkypop · 10/06/2024 23:23

@TizerorFizz it's 6ft off the wall, but around 10ft from our garden side. Yeah, we didn't plan on applying retrospectively to be honest and given our neighbour is ok with it we hoped that would be the end of it really 🤞🏼 I can't help but feel a bit nervous though!

OP posts:
milkypop · 10/06/2024 23:24

@TizerorFizz we can't plant against the wall as we have a manhole there unfortunately

OP posts:
Diyextension · 10/06/2024 23:26

Its a non issue, if both of you are happy with it then there is no problem. Lots of properties have raised / sloping boundaries,

Seeline · 11/06/2024 09:16

The height will be measured from the highest bit of land adjacent to the fence. The fence can be a max. of 2m above that point.
In your case it sounds as though the adjacent land is the path running along the boundary on your neighbour's side. The fence can therefore be up to 2m (6'6") in height from the level of the path without requiring PP.

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