Fence height query

GRIDLO

GRIDLO

GRIDLO

Associate
Joined
10 Nov 2023
Posts
10
Location
Dudley
Advice needed and appreciated. I have erected a fence that is 2.2m high in total (measured from my ground level) . My neighbours ground is significantly lower. Someone has complained to the council and the council have requested that I take down the fence. I have agreed to reduce the fence to 2m but the council are saying it needs to come down in full. I am concerned as we live on a slope, meaning each house is higher than the next. Other houses in the street have walls and fences much higher. I have read that if you live on a slope the fence measurements should be taken from the highest ground. Why would the council be measuring from the lowest level?
 
Was it the neighbour who you've put the fence up between who has complained? I imagine so as I cant imagine any other neighbour could really have a ground to complain.
Maybe chat to neighbours and see if you can come to an agreement for the height it comes down to, if there are other fences up that are as tall or higher then I can't see how the council can force you to permanently take it down.
 
I believe the 2m max fence height is measured from the lowest point adjacent to the fence - obviously with level gardens it doesn’t matter which side is used as the lowest point as both will be the same. With sloping gardens the adjacent side with the lowest point will be the neighbours garden so it has to be a max of 2m from their side. However, I don’t think they can force you to take the whole thing down, just reduce it to the correct height (as measured from the neighbours side)
 
R.O.S.S.I said:
Was it the neighbour who you've put the fence up between who has complained? I imagine so as I cant imagine any other neighbour could really have a ground to complain.
Maybe chat to neighbours and see if you can come to an agreement for the height it comes down to, if there are other fences up that are as tall or higher then I can't see how the council can force you to permanently take it down.
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Thanks for your reply, so…our neighbour has 2 lounge windows, one on the front and one to the side of their house. The window on the side overlooks our property. Not only does it look directly onto our front terrace but They have positioned their sofa so they can see directly into our sitting room. They can also see our front door, therefore seeing when we enter/leave the house. They also have 2 dogs that constantly bark when we enter/Leave or if we are on our terrace. They are very annoying neighbours, the type that take liberties, therefore we do not get along. In response to their behaviour I have erected a fence to try to regain some privacy. Now the council are requesting us to take it down. If you can appreciate this is very stressful.I would like to appeal to the councils decision, but on what grounds? Do they have right to view? Do they have right to light? The fence I have erected is 2.2m from my side. But probably 3m from their side as the ground is lower. I am ok if I have to lower it to 2m, but why do I have to take it down in full is my concern? This will have a detrimental impact on our lifestyle, let alone our mental health.
 
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Read your Council's planning website in detail. Find the relevant guidance in height, respond to the council quoting their own guidance. If they continue to insist it comes down ask them for the exact reason and ask for the exact rule you are supposedly breaching.
 
if they complained and it has to be lowered so they can see in become a nudist. Failing that letter box strategy may be required.
 
GRIDLO said:
Wouldn’t I be liable to receive a fine or penalty if I ignore the council’s formal demands?
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Did it come from the council, did the explain the reasons why it has to be removed???

Council threatened me, i went to their office, told them it for health and safety reasons. They still wansnt happy and its been 10yrs up now….and i recieved no fine, nothing. They cant fine you unless you ahve been to court and recieved a formal removal letter from the courts. As per captain toms family with their spa and for a fence they wouldnt want to occur the court costs.
 
Welshman said:
Did it come from the council, did the explain the reasons why it has to be removed???

Council threatened me, i went to their office, told them it for health and safety reasons. They still wansnt happy and its been 10yrs up now….and i recieved no fine, nothing. They cant fine you unless you ahve been to court and recieved a formal removal letter from the courts. As per captain toms family with their spa and for a fence they wouldnt want to occur the court costs.
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Had a call from the council informing me to expect a formal letter in the post over the next few days requesting me to remove the fence in full. I asked where he has took his measurements from. He said ‘from the original ground.’ I asked what he meant by ‘original ground’. He said ‘from the lower side’. I said ‘surely I can put a fence on top of a retaining wall for our safety and security?’. He said ‘not without planning permission’. ‘I said ‘ I shouldn’t need planning concent for a fence up to 2m’. I then suggested that I would apply for planning permission’. He said’ you can try, but it will be refused and you will be wasting your money’ ….
 
…this is my understanding - The maximum height of a fence is measured from the grade of the surrounding soil to the top of the fence. However, The height of a fence on a sloped surface may be determined by measuring from the high side of each panel. The maximum permitted height may not be exceeded when measured at this point…..our houses are on a slope. My house is higher than my neighbour to the left and the neighbour to the right is higher than me. Each house has a retaining wall between them. I want to put a fence on top of my retaining wall for security, safety & privacy. Other people have done this. I am trying to understand my rights to challenge the council’s decision.
 
GRIDLO said:
…this is my understanding - The maximum height of a fence is measured from the grade of the surrounding soil to the top of the fence. However, The height of a fence on a sloped surface may be determined by measuring from the high side of each panel. The maximum permitted height may not be exceeded when measured at this point…..our houses are on a slope. My house is higher than my neighbour to the left and the neighbour to the right is higher than me. Each house has a retaining wall between them. I want to put a fence on top of my retaining wall for security, safety & privacy. Other people have done this. I am trying to understand my rights to challenge the council’s decision.
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If its on a wall 2.2mtrs does seem high……my rear fences on this house are all 1.8mtrs high, the same as everyone else around here and they cant be seen from the front elevation.

my other property is where i had the fence issue and as i said, i just ignored them after speaking to then and they still werent happy with my reasoning. But there was no way i was taking mine down.
 
Welshman said:
If its on a wall 2.2mtrs does seem high……my rear fences on this house are all 1.8mtrs high, the same as everyone else around here and they cant be seen from the front elevation.

my other property is where i had the fence issue and as i said, i just ignored them after speaking to then and they still werent happy with my reasoning. But there was no way i was taking mine down.
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The regulation states 2m high. Mine is 1.8m fence on top of a 0.4m retaining wall, totalling 2.2m (my side). I have agreed to reduce the height to 2m, but the council is insisting that it comes down. It is an expensive, composite, secure fence, supplied by ‘Charles & Ivy. If I remove the fence it also infringes my privacy.
 
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