PP for pier > 1.2m

JoeRoberts

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I want to raise my side wall, front of my house gable to 1.2m. This is the limit that does not require planning permission.
I would like the gate pier to be a block higher than the wall. Does this mean I need PP as pier will exceed the 1.2m ?

Also, whose side of the wall is the 1.2m measured from. My site is on higher ground than my neighbour. The wall from his view will be higher than 1.2m
 
Local authorities may interpreted the exempted development schedule differently, but this is what S.I. 600 of 2001 says.

"Class 5

"The construction, erection or alteration, within or bounding the curtilage of a house, of a gate, gateway, railing or wooden fence or a wall of brick, stone, blocks with decorative finish, other concrete blocks or mass concrete.

"Conditions

"1. The height of any such structure shall not exceed 2 metres or, in the case of a wall or fence within or bounding any garden or other space in front of a house, 1.2 metres.
2. Every wall other than a dry or natural stone wall bounding any garden or other space shall be capped and the face of any wall of concrete or concrete block (other than blocks with decorative finish) which will be visible from any road, path or public area, including public open space, shall be rendered or plastered.
3. No such structure shall be a metal palisade or other security fence."

It seems clear that gates up to 2.0M high can be erected without permission to the front of a dwelling, subject to any amendment of the schedule - check this by talking with your planning officer.

Some local authorities take the view that this means that the piers the gate is hung from can also be 2.0M high - piers without gates may not be exempt.
You could seek a Section 5 Declaration in relation to the piers, and submit photographic evidence of any similar height piers in the locality to back up your submission.

ONQ

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
Thanks Ong .. any idea on my second query about which side the 1.2m is measured from ?

You know, one of these days I'm going to have to conduct a survey of all those who write "onq" as ong" and ask "why"... :)

As regards the height, so long the wall is wholly within your curtilege I'd say your side, but it sounds like a boundary wall.

This suggests it straddles the boundary and there is a little known gray area where works straddling the boundary may not be exempt because the party undertaking the works is now carrying out works partly outside his/her curtilege.

I have never known enforcement action to occur in this regard, but as I sad before , better safe than sorry.

Your friendly neighbourhood planning officer should be consulted on the matter since he's/she's the one who will start the enforcement ball rolling.

A Section 5 Declaration will concentrate his mind.

ONQ

[broken link removed]

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent legal and building professionals should be asked to advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
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