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Neighbours fence

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Brokey | 12:33 Wed 16th Apr 2008 | Home & Garden
7 Answers
HI.
My neighbour has built an extension on the back of his house onto a garden which is stepped down and slopes away from the property. If you can imagine his new patio doors are about 4 feet above ground level, he has now told me he is going to build a patio at the same level as the patio doors sticking out a further 5-6 feet which he will be fencing around.

This has me concerned, as from my garden level the fence will be about 9-10 feet tall and blocking our patio from the evening sun which has already been partly blocked by the new extension.

before i have a chat with him can any body give me some legal advice as to where i stand......apart from in the shade.

thanks in advance

Brokey
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thanks zacsmaster, is 1.8m measured from my side or his side as there is a 4ft difference?
Just phone your local council.

When I put up a 6ft fence between my neighbour and I he complained to the council and they came round and had a look.

They felt my fence was fine, but it is still worth getting the council round to your house to have a look.
The fence will be the same height no matter what side it is measured from. It is against the laws of physics for a flat fence to measure more height on one side than the other.
There is no "right to light" as such, and you will have the ability to put in an objection to his plans.
Talking might be better though
Brokey, mates of mine who lived In Towcester raised there whole back garden, as it was on a slope which made mowing impossible. That in itself wasn't a problem, but they then added fencing with a trellis on top of that, which gave it a height of over 6ft. Their neighbour called the council, and in that case the fencing had to be taken down. A lower fencing was agreed between them all.

Talking to your neighbour first is definitely worth a try.
Ok two part answer.
1) Fences not adjacent to paths or roads can be 2m tall without planning permission. The height is measured from the adjacent ground level on their side of the fence.
2) Creating a patio on a raised platform that requires moving lots of earth around may require planning permission depending on the amounts of soil involved so you may be able to prevent this from being carried out.

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