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Friday, May 04, 2007 4:50 PM
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A 2m high mesh metal fence sits on concrete feet next to a footway and protects a car sales area. The fence looks unsightly, but as it is not fixed to the ground does it require planning permission? LA.
The starting point is to consider whether the fence constitutes a building operation or is merely a "chattel" that is placed on the land, applying the tests established in Cardiff Rating Authority v Guest Keen Baldwin's Iron and Steel Co [1949]. These tests relate to the structure's size, permanence and physical attachment to the ground.
If the fence is deemed to constitute development, the need for express permission should be assessed against the provisions of class A, part 2, schedule 2 of the General Permitted Development Order 1995. This excludes fences that are more than 1m high where they are adjacent to a highway carrying vehicular traffic.
If the fence is considered not to be development, it could be argued that the use of the land on which it rests is ancillary to the primary use of the site for the display and sale of cars. Since a fence of the type you describe is usually readily demountable, it may well not need permission. PM.
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