Ultimately IEL has no authority over the erection of fences bordering the roads and indeed members of the committee, as Ifold residents, are sometimes split on the topic. But we can offer some feedback based on recent cases that we have experienced. Fences and gates will be considered the same here. Hedges are a little different since they have a habit of growing towards the road.
Under planning rules, fences at your boundary can be built under permitted development (GPDO) but only up to a 1m max height when adjacent to roads (up to 2m max if not adjacent to a road). If your fence is less than 1m then you’re probably safe.
Fences over 1m are allowable but not under permitted development and would require a proper planning application and permission. If you see new fences over 1m then feel free to check for correct planning permission and make a planning enforcement complaint if it doesn’t exist. It is only right that these taller fences & gates should be subjected to the correct public review.
Note that IEL is not a planning authority and so you would need to take any actions to the local council. IEL involvement is no stronger than any other neighbour with an opinion.
There are plenty of pitfalls and loopholes here, and we’ve seen a mix of how the local authority stands up to enforcement and appeals.
- Is a private road treated the same as a public road for these adjacent fences?
Short answer is yes, even within Ifold these 1m & 2m GPDO limits apply.
The longer answer could be really long, so I’ll just abbreviate by saying that the purpose of the rule is for safety and to prevent the creation of urban tunnels with limited visibility. Despite vehicles on Ifold’s private roads being present under a private right-of-way, the fact remains that the public is still present (as pedestrians and equestrians) and so deserve the same duty of care from the council. Hence, this planning rule applies, and we have seen it applied! - The debate rages on about the meaning of “adjacent”. Does the fence need to be 1m, 2m, 5m, 20m back from the road in order to avoid scrutiny? There is some case history stating that if the fence/gate forms the boundary between the public and private areas, then it is adjacent, and so is irrespective of an actual measured distance from the road edge. We’ve seen cases where a gate is +20m from the road and the resident has been told to submit a planning application.
Ifold benefits from an excellent Village Design Statement (VDS) written over many years as part of the neighbourhood plan, with all the proper public consultation and reviews. The VDS does call for traditional enclosures, such as post & rail and hedges and talks against tall closed-panel fencing as this degrades the communal environment of the village.
“VDS Guideline 21: Boundary treatment along the road frontages should be primarily in timber, chestnut paling or post and rail with stock or chicken wire infill where additional security is required. Further screening should be provided by native hedges and planting. Gates should primarily be timber, five bar or similar style with timber post supports or small-scale brick or stone piers. Fencing and gates should not generally exceed 1.3 metres in height on road frontages.”
See: https://plaistowandifoldparishnp.files.wordpress.com/2017/09/vds-22aug2017-for-online-viewing-002.pdf for the online draft copy.
IEL would recommend that any resident wishing to erect a fence should read the VDS in the first case, and should make a proper planning application for anything taller than 1m.