PLANNING REGULATIONS & NEIGHBOURS
1. WHAT ARE THE PLANNING REGULATIONS FOR GATES AND RAILINGS?
You will need planning permission in the following situations:
If you plan to put gates or railings over 2 m high anywhere on your property.
If you plan to modify the property or character of a listed building and/or you live in a conservation area.
If you plan to put gates or railings over 1 metre high next to a highway or footpath and there is no precedence for doing so. i.e. the rest of the street is open plan
Note - Gates must not open outwards if they create an obstruction on a highway or footpath.
You will NOT NEED planning permission for the following:
Erecting a new gate or fence that is entirely on your property and does not front a highway or footpath that is less than 2 m high.
Side gates, electric gates, security gates, fencing that do not fall within exceptions listed above.
Replacing an existing gate, railing or fence, whatever the height, even if it fronts a highway or pathway.
2. WHAT ABOUT MY NEIGHBOURS?
If you intend to put railings astride the boundary line, you must inform your neighbour in writing of your proposals. If he agrees, he may share the costs.
He needs to reply to your letter within fourteen days and we recommend getting the agreement to share costs in writing to avoid problems later, if for example, he decides he can’t afford to pay.
If your neighbour doesn’t reply to your letter or otherwise object you may commence work within one month of serving notice.
If your neighbour writes and objects to your proposals you cannot put railings astride the boundary line, but you can still put railings up (up to a height of 2 m) as long as these are entirely on your own property and at your expense. In addition you would need to compensate your neighbour for any damage caused to his land in the process.
If you are putting gates or railings up entirely on your property allow approximately 250-300 mm square for concreting in gate posts, 150-200 mm for railings posts.
Most posts are set to a depth of 500 mm or less, which is not usually a problem. However, if your proposed gate or railing is within 3 metres of your neighbour’s wall and you think that you will be excavating below the depth of your neighbour’s foundations, you must write to them and give notice of your intentions. (See The Party Wall Act 1996).