Q&As

Does the replacement of a fence constitute ‘erection or construction’ or ‘maintenance, improvement or alteration’ for the purposes of Class A of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596? For example, would the replacement of an existing 1.5m fence next to a highway with a new 1.5m fence be permitted development (because the replacement constitutes maintenance, improvement or alteration, which is permitted up to the former height of a fence) or would planning permission be required (because it constitutes erection or construction which is only allowed to 1m next to a highway)?

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Produced in partnership with Daisy May Coster-Hollis of Browne Jacobson
Published on LexisPSL on 28/08/2018

The following Planning Q&A Produced in partnership with Daisy May Coster-Hollis of Browne Jacobson provides comprehensive and up to date legal information covering:

  • Does the replacement of a fence constitute ‘erection or construction’ or ‘maintenance, improvement or alteration’ for the purposes of Class A of Part 2 of Schedule 2 of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596? For example, would the replacement of an existing 1.5m fence next to a highway with a new 1.5m fence be permitted development (because the replacement constitutes maintenance, improvement or alteration, which is permitted up to the former height of a fence) or would planning permission be required (because it constitutes erection or construction which is only allowed to 1m next to a highway)?

It has been assumed that the fence is not at a school where there is permitted development for a fence up to 2 metres high provided that the fence does not create an obstruction to the view of persons using the highway as to be likely to cause danger to such persons

This Q&A outlines the planning law when erecting and replacing a fence above the 1 metre allowance for permitted development.

Under Class A of Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596, Sch 2 Pt 1, ‘the erection, construction, maintenance, improvement or alteration of a gate, fence, wall or other means of enclosure’ is permitted development and therefore would not require planning permission, provided certain conditions are met.

The GPDO, SI 2015/596, Sch 2 Pt 2, para A.1 goes on to state that development is not permitted under Class A if the height of the fence erected or constructed adjacent to a highway used by vehicular traffic exceeds 1 metre above the ground (or 2 metres for any other fence above ground level). As the fence referred to in the Q&A

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