Fences, walls and gates (within the curtilage of a dwelling)Fences, walls and gates (within the curtilage of a dwelling)close

Class 16 Planning permission is not required for the erection or alteration of walling, fencing or gates within or on the boundary of a dwelling house.

Conditions:

a)   the general conditions applicable Section A

Section A —General Conditions as amended

(1) No part of the development may be constructed within 9 metres (measured at ground level) of the route of any overhead electrical line carrying 11kv or more (High Tension power cable);

(2) No part of the development may be constructed within 9.1 metres of the bank of any designated watercourse under the Flood Risk Management Act 2013;

Also included from Schedule 4 of the Order

(2A) The operations specified must not be constructed (including any foundations) so as to involve the felling, lopping or limbing of any tree (other than a tree referred to in section 3(3) of the Tree Preservation Act 1993).

b)    the height of the fence, wall or gate must not exceed:-

i) 1 metre if positioned nearer than the dwellinghouse to any highway      which bounds the curtilage; or

ii) 2 metres in any other case;

c)    any fence which is nearer to any highway than the dwellinghouse must be constructed of vertical posts with spaces between, and not be of a solid construction.

d)    any wall must be constructed of stone traditionally laid, or facing brickwork or rendered brickwork or rendered blockwork all with a coping at least 50 mm deep;

da)  any wall must not be constructed closer to a tree (other than a tree referred to in section 3(3) of the Tree Preservation Act 1993) than the required required distance stated in Article 4(2B); and

e)    no gates may open out over the highway or any footpath.

for the benefit of condition da) Article 4(2B) states

the “required distance” is

(a) for a tree with a single stem, 12 times the tree’s stem diameter; or

(b) for a tree with more than one stem, 12 times — (stem diameter 1)2 + (stem diameter 2)… + (stem diameter 5)2, where the stem diameter is measured 1.5 metres above ground level.