You need a retrospective planning application for a fence or wall if the structure exceeds 2 metres in height (or 1 metre adjacent to a highway), is in a conservation area or near a listed building, or sits on a property where permitted development rights have been removed by condition or Article 4 direction. Most retrospective fence applications are approvable when the case engages with security, privacy and design considerations and demonstrates that the structure is in keeping with the surrounding boundaries.
Permitted development rights for fences and walls
Under the Town and Country Planning (General Permitted Development) (England) Order 2015, you can build a fence, wall or gate without planning permission subject to two key limits:
The PDR limits at a glance
- 2 metres maximum height — for fences, walls or gates not adjacent to a highway used by vehicular traffic.
- 1 metre maximum height — where the structure is adjacent to a highway used by vehicular traffic (or a footpath or bridleway alongside such a highway).
- Listed buildings — PDR for fences does not apply to the curtilage of a listed building. Listed Building Consent is required.
- Conservation areas — PDR may be restricted by Article 4 direction. The default rules apply unless the council has formally removed them.
- Removed PDR — some properties have conditions on the original consent removing fence/wall PDRs. Read the original decision notice.
When a retrospective application is needed
- The fence is more than 2 metres high (or more than 1 metre next to a highway)
- The property is a flat or maisonette (PDR for fences applies only to dwellinghouses, not flats)
- The property has an Article 4 direction removing PDRs
- The property has a planning condition removing fence/wall PDRs
- The fence is part of the curtilage of a listed building
Submission requirements
A typical fence or wall application needs:
- Application form — clearly marked as retrospective
- Site and block plan — showing the position and alignment of the structure
- Existing and proposed elevations — with full dimensions and materials annotated
- Photographs — the structure as built, plus surrounding boundary treatments for context
- Planning statement — engaging Local Plan policies on residential amenity, design and street scene
- Heritage statement — if in a conservation area or near a listed building
Common issues and challenges
- Height and visual impact. Tall fences in prominent locations may be refused on character grounds. Mitigation: planting in front of the fence, recessed installation, sympathetic materials.
- Highway visibility. Fences near junctions or driveways must not obstruct sightlines for drivers and pedestrians. A short visibility splay assessment usually answers the highway officer's question.
- Neighbour objections. Boundary disputes are common with fence cases. Engage with neighbours where possible and document the engagement.
- Conservation area character. Materials and form must respect the established character. A heritage statement engaging the conservation area appraisal is usually required.
The honest summary
Fence and wall retrospective cases are usually straightforward. Most are approvable when the application engages with security, privacy, design and highway safety in a structured way. The fence above the height limit by a few centimetres is rarely a refusal-worthy issue.
Frequently asked questions
Can I build a 2.5m fence at the back of my garden without planning permission?
No. The general 2-metre limit under permitted development applies. A 2.5m fence requires planning permission unless your property has been granted a specific permission allowing it.
What is the rule for fences next to a road?
Fences, walls and gates adjacent to a highway used by vehicular traffic are limited to 1 metre in height under permitted development. This includes footpaths and bridleways alongside such highways.
Can my neighbour object to my fence?
They can raise concerns during the consultation period but neighbour objections to fences are rarely decisive on their own. The case officer assesses the application against planning policy, not against neighbour preferences.
What if the fence is on the boundary line?
Boundary ownership is a separate legal matter from planning consent. You can have planning permission for a fence that you do not legally own — and vice versa. We strongly recommend a boundary check before applying.
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