Development Management Answers: minor works permitted development query

Q Under part 12, schedule 2 of the General Permitted Development Order 2015 as amended, local authorities have permitted development rights to carry out certain minor works on their own land in pursuance of their statutory functions....

If a council wishes to erect a fence four metres high, could this be done under the height criteria set down in part 12? Or would it need permission under part 2, since the fence would exceed the height limits of two metres generally or one metre adjacent to a highway used by vehicular traffic set down in that part? MW

A It is helpful to consider the different categories of permitted development as a series of "boxes". The decision-maker needs to keep looking at the boxes until one is found into which a proposed development "fits". The proposed fence clearly does not fit into the part 2 box as it is more than two metres high. However, it does fit into the part 12 box, within class A(a), so that provision could be used. Having said that, it would be good practice for the council to assess whether erecting the higher fence under permitted development rights would be appropriate. If it is going to be an eyesore or cause other planning problems, it could be considered an abuse of the provisions to use part 12 to escape the need for permission. John Harrison

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