Document Sample
					  Guidance Note No 9


  WALLS,                           Council of
                             KING'S LYNN &
                             WEST NORFOLK

FENCES AND                       BOROUGH

               Do I need
          Planning Permission?

Is planning permission needed?
In many cases a wall, fence or other means of enclosure
is exempt from Planning Control because it is covered by
a general planning permission, granted by law. However,
there are limits to this general permission, which bring
some walls and fences under Planning Control. The rules
are more strict for walls, fences and gates which are
"adjacent to a highway", which the Council interprets for
this purpose as meaning within 1 metre (3ft 3ins) of a
highway. This includes any road used by vehicular traffic
and any footway alongside such a road.
q    Planning permission is needed for a wall, fence
     or gate which is to be constructed adjacent to the
     highway if it will be more than 1m (3ft 3ins) in height.



q    Planning permission is needed for a wall, fence
     or gate anywhere else (for example between two
     properties) if it will be more than 2m (6ft 7ins) in
q    Planning permission is needed if a wall, fence
     or gate is to be maintained, improved or altered re-
     sulting in an increase of its height above 1m
     (3ft 3ins) adjacent to the highway, or 2m (6ft 7ins)
     anywhere else.

q    Planning permission is needed for a wall, fence
     or gate of any height within, or surrounding, the
     curtilage of a Listed Building, (Also see Note 1 below)
q    Planning permission is normally needed to
     extend the garden area of your property (for whatever
     reason) whether or not the proposed wall, fence or
     means of enclosure requires planning permission.
     (see note 2 below)
q    Planning permission is not normally needed
     for any hedge whatever its height or location.

Important Notes
1.   Listed Building Consent may also be required, if your
     property is listed as being of special architectural or
     historic interest and your proposal would in any
     manner affect its character. If you are not sure
     whether the house is listed or if its character would
     be affected by the erection of a wall, fence or gate
     please check with the Borough Planning Department.
     (Tel. No. overleaf)
2.   For most people the curtilage of a dwellinghouse is
     easily defined as the garden area surrounding the
     house, however, it does not necessarily include all
     of the land within your ownership and occupation
     even if you regard it as garden. If you are unsure as
     to the extent of your curtilage please check with the
     planning department, who may be able to help.
3.    Where planning permission does not appear to be
      required under the above sections, the Council may
      still request a planning application if your proposed
      wall or fence creates an obstruction to the view of
      persons using any highway used by vehicular traffic,
      and is likely to cause danger to drivers or pedestrians.
4.    In the King's Lynn and Houghton Conservation
      Areas the construction of any walls, fences or gates
      will always require planning permission, because the
      usual 'permitted development' rights have been
      withdrawn by an Article 4 Direction. (Such Directions
      may be made in other areas in the future).
5.    Permitted Development rights may also have been
      withdrawn by a condition on an earlier planning
      permission, especially if you live in an 'open plan'
      estate. You should also check your property title
      deeds which may contain restrictive covenants.

     How do I measure the height?
     Normally the height of your fence will be measured
     from the natural ground level of your property.
     However, where the ground levels on either side
     of the fence are significantly different, the height
     should be measured from the lower ground level.


Design Guidance
q   Visibility at the entrance to a drive is important in
    road safety terms, especially for pedestrians passing
    your house. A fence or wall on a side boundary can
    easily obstruct visibility into or from your own drive,
    or your neighbour's access.

q   The use of good quality materials of a matching type,
    colour and texture to those in the area already will
    greatly improve the appearance of the fence or wall.
    A structure of utilitarian appearance, especially at the
    front, will spoil the look of the house.

q   Hedges are very attractive garden features if properly
    cared for. If they are allowed to get out of control
    they can become unsightly and a nuisance to
    neighbours and passers-by on a street. Neighbours
    can cut back overhanging growth and the County
    Council can take action against a householder under
    the Highways Act, 1980, if a highway (including a
    footpath) is obstructed by an overgrown hedge.
 If having read the advice leaflet, you would still like a
 formal and definitive answer as to whether planning
 permission is needed for your proposal, you can apply
 for a 'Certificate of Lawful Development' from the
 Planning Department. Application forms are available
 on request. There will be a fee for this service.

 The Borough Planning staff are based at King's Court,
 Chapel Street, King's Lynn and are available on
                  Tel: (01553) 692722
               Minicom: (01553) 692138
                 Fax: (01553) 691663
 Planning Assistants deal with specific groups of
 parishes. If you wish to discuss an application please
 ask to speak to, or make an appointment with, the
 assistant dealing with the particular parish

 You are unlikely to need building regulations approval
 if your proposal relates only to the erection of a
 boundary wall, fence or gate. Check with a Building
 Control Surveyor on the number above, if in doubt.

 COUNCIL HOUSES (and former council houses)
 Whether or not you need Planning Permission and
 Building Regulations approval, you will need permission
 from the Housing Services Manager if you live in a
 council property or the Property Services Manager for
 a former council dwelling.

                         Council of
                     KING'S LYNN &
                     WEST NORFOLK

                 King's Court, Chapel Street
               King's Lynn, Norfolk PE30 1EX
                    Tel; (01553) 692722
                 Minicom: (01553) 692138
                    Fax (01553) 691663
                  DX 57825 KING'S LYNN
May 1998                                           840/21/2