Driveway gates on Newport Road

jjj1111

A few posts under my belt
Hi all,


This is my first post here so really sorry if I've used an incorrect format.

I live on the Newport Road a couple of houses down from the castle, my house is set back a fair bit and I am wanting to install driveway gates at a height of about 6ft.

I know that 'next to' a highway, a fence/gate/wall can only be 1m high, but how far into my driveway must they be so that they can be higher?

I know I would require planning permission to put them 'next to' the highway at any hight above 1m and any height above 2m anywhere else. There are a fair number of houses along the road with gates higher than 1m, but I have checked online for past planning applications and have noticed that no one has submitted one, so I am guessing there is a way to have them without having to apply for PP.

I am planning on putting them about 3.5 metres up my drive, away from the 'highway' (pavement) edge, so that I am able to completely pull my car onto my drive if the gates are closed.

If anyone can help me or knows anything about what the council will say, please let me know. I have tried to email, but they're no longer accepting 'pre-planning enquiries'.

Thank you!
 

markpa12003

Well-Known Forumite
The reason for the 1m height is to control developments that may affect someone's visibility splay, given that your gates are 3.5m within your boundary I wouldn't envisage a problem.

I would recommend that you visit the planning portal website- they have a very good interactive house which explains what does and doesn't need planning permission.
 
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jjj1111

A few posts under my belt
The reason for the 1m height is to control developments that may affect someone's visibility splay, given that your gates are 3.5m within your boundary I wouldn't envisage a problem.

I would recommend that you visit the planning portal website- they have a very good interactive house which explains what does and doesn't need planning permission.

Thanks. I had a look and all that was said was

"in regard to its height:
  • it is next to a highway used by vehicles (or the footpath of such a highway) and it would not exceed one metre in height (from ground level); or
  • it would not exceed two metres in height (from ground level) if elsewhere; or
  • if an existing fence, wall or gate already exceeds the limits above, that its height would not be increased. "

They don't give a definition of 'next to', I've been told it differs between councils.
 

markpa12003

Well-Known Forumite
Thanks. I had a look and all that was said was

"in regard to its height:
  • it is next to a highway used by vehicles (or the footpath of such a highway) and it would not exceed one metre in height (from ground level); or
  • it would not exceed two metres in height (from ground level) if elsewhere; or
  • if an existing fence, wall or gate already exceeds the limits above, that its height would not be increased. "

They don't give a definition of 'next to', I've been told it differs between councils.


Check the councils website to see if they've got any supplementary planning documents that relate to household developments.

You're right 'next to' is subjective and can differ from council to council.

I'm a planning consultant but I don't specialise in household developments. Sorry.
 

Gramaisc

Forum O. G.
This shouldn't be taken as a precedent, but I know of someone who put up a six foot panel fence - along the highway boundary and along the boundary with the neighbouring house. he was required to reduce the fence along the highway, but not any of the 'internal' boundary fence, which remains at six feet right up to the highway boundary.

I would suspect that having the gates some way in from the highway boundary will suffice - and it gives 'parking' for someone not really needing to get the vehicle through when they're shut.
 

jjj1111

A few posts under my belt
This shouldn't be taken as a precedent, but I know of someone who put up a six foot panel fence - along the highway boundary and along the boundary with the neighbouring house. he was required to reduce the fence along the highway, but not any of the 'internal' boundary fence, which remains at six feet right up to the highway boundary.

I would suspect that having the gates some way in from the highway boundary will suffice - and it gives 'parking' for someone not really needing to get the vehicle through when they're shut.

That's very promising. Thank you.

With how far I am planning on setting the gates back, I would be able to open them towards the road and still have 1.5/2m of space left before my front boundary that meets the highway.
 

jjj1111

A few posts under my belt
Council were not of much help, I emailed and they refused to give me any 'written advice' as I would have to apply for a Lawful Development Certificate for this. I asked for a definition of 'next to' or 'adjacent' to highway and they said there wasn't a definition, and it would be judged case by case, but the guideline is there to not block sight lines. I then asked if my gates did not block sight lines, would they theoretically be able to say, to which I was given the exact same 'written advice email.

I might just put up 4ft gates that I would be able to make shorter if needs be.
 

markpa12003

Well-Known Forumite
Council were not of much help, I emailed and they refused to give me any 'written advice' as I would have to apply for a Lawful Development Certificate for this. I asked for a definition of 'next to' or 'adjacent' to highway and they said there wasn't a definition, and it would be judged case by case, but the guideline is there to not block sight lines. I then asked if my gates did not block sight lines, would they theoretically be able to say, to which I was given the exact same 'written advice email.

I might just put up 4ft gates that I would be able to make shorter if needs be.

Based on what you've said I would be very surprised if it did need P/p. Obviously it's a risk but I would go ahead and erect the gates. If, at a later, the council confirm that it does require p/p you can submit a retrospective planning application.
 

Thehooperman

Well-Known Forumite
Council were not of much help, I emailed and they refused to give me any 'written advice' as I would have to apply for a Lawful Development Certificate for this. I asked for a definition of 'next to' or 'adjacent' to highway and they said there wasn't a definition, and it would be judged case by case, but the guideline is there to not block sight lines. I then asked if my gates did not block sight lines, would they theoretically be able to say, to which I was given the exact same 'written advice email.

I might just put up 4ft gates that I would be able to make shorter if needs be.

Could you not argue that the neighbouring property up the road used to have a far bigger gate but they called it a portcullis and didn't need planning permission :)
 
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