Do you need planning permission for a fence or wall?

The rule

A.1 Development is not permitted by Class A if: (a) the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, after the carrying out of the development, exceed: ... (ii) in any other case, 1 metre above ground level; (b) the height of any other gate, fence, wall or means of enclosure erected or constructed would exceed 2 metres above ground level; (c) the height of any gate, fence, wall or other means of enclosure maintained, improved or altered would, as a result of the development, exceed its former height or the height referred to in paragraph (a) or (b) as the height appropriate to it if erected or constructed, whichever is the greater; or (d) it would involve development within the curtilage of, or to a gate, fence, wall or other means of enclosure surrounding, a listed building.

The omitted words set a 2 metre limit next to a highway for schools only.

Reading the limits

• "A highway used by vehicular traffic." The 1 metre limit is tied to roads carrying vehicles. A public footpath or bridleway that carries none reads as "any other" case, where 2 metres applies. A pavement beside a road is part of that highway: the Highways Act 1980 defines a footway as a way within a highway that also has a carriageway (section 329), so a fence behind the pavement is next to a highway used by vehicles.
• Existing walls keep their height. Paragraph A.1(c) lets you maintain, improve or alter an existing fence or wall up to its former height, even if that is over the limit. Demolishing it and building a new one is likely to count as erecting, so the 1 or 2 metre limit would then apply.
• Trellis counts. The Order measures the height of the enclosure after the work, so trellis fixed to the top of a fence adds to that height.
• Uneven ground. The Order defines ground level for buildings, but "building" excludes gates, fences and walls in Schedule 2 (article 2(1)). So there is no stated rule on which side to measure from where the ground differs either side. If yours does, get a certificate.
• Sight lines. Article 3(6) says nothing in Schedule 2 permits development that obstructs the view of people using a highway used by vehicles so as to be likely to cause danger. A fence within the limits can still fall outside permitted development at a junction or driveway exit.

Conservation areas, conditions and directions

Class A has no article 2(3) land restriction, so the heights are the same in a conservation area. Other controls can still apply. Taking down a wall, gate or fence can be "relevant demolition" under section 196D of the Town and Country Planning Act 1990, which Part 11, Class C does not permit (paragraph C.1): check with the council before you remove one. And an article 4 direction can remove Class A rights. A condition on the planning permission for your house can do the same (article 3(4)). See living in a conservation area.

Walls on the boundary

A new wall on the line of the boundary, or wholly on your side of it at the line, is covered by section 1 of the Party Wall etc. Act 1996, and you must serve notice at least one month before work starts. The Act deals with walls, so it does not usually cover a timber fence. See do you need a party wall agreement.

The permitted development checker runs through the height, highway and listed building tests.

Getting certainty

A lawful development certificate under section 192 of the Town and Country Planning Act 1990 confirms that a proposed fence, wall or gate would be lawful; the council has 8 weeks to decide. It helps where ground levels differ across the boundary, or where it is unclear whether the road next to you counts. See lawful development certificates.