Party Wall and planning permission

[Faz]

Hi,

Would I need to obtain planning permission if i wanted to replace our garden brick walls (shared with neighbours) with wooden fencing, exceeding the former height?

Thank you.

[Christian McArdle]

Listed building? Conservation Area? National Park? Public Highway (including footpath) nearby or adjacent to wall? Height greater than 2m? Covenant in deeds?

Christian.

[Faz]

Hello,

none of the above! less than 2m. I think i found my answer...no i do not as it's less than 2m regardless of the height of the existing wall.

[Steve Firth]

I don't know if planning permission is needed, it may be if you are in a conservation area. However you also need to check to see if there are any restrictive covenants attached to the house. In many areas it is common to restrict householders from erecting fences of an excessive height.

[Christian McArdle]

Usually. However, your local council may have suspended all permitted development rights in your area. Best to check with your planning officer first.

SI 1995/418 The Town and Country Planning (General Permitted Development) Order 1995

PART 2 MINOR OPERATIONS Class A Permitted development A. The erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure. Development not permitted A.1 Development is not permitted by Class A if- (a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed one metre above ground level; (b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed two metres above ground level; (c) the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in sub-paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or (d) it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.

Christian.

[Staffbull]

If its a shared boundary ( sounds like it) then permission of your neighbour will do, Limit of 1m front of property or facing a road limit of 2m at rear.

You might be the best of friends with your neighbour, but get an agreement in writing anyhoo, as you never know !