Post by Claire.B » Fri Mar 05, 2010 3:41 pm. You get some use out of it, people won't complain, wildlife will benefit, everyone wins. by fuzzylana » Fri Feb 27, 2009 4:32 pm, Post fuzzylana, at this length and with just post and rail fence, I would like it fencing at two metres wide, but if you really want to, I think you would get away with 1.2 metres. 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 … The land will be used for animals but is not agricultural. You need planning permission if your fence height including trellis exceeds 2 metres (6.56ft) above ground level. To try and meet a mutual understanding my husband said that he will give them a small piece of the land to keep the bins on. 2. Fences and boundaries on Public Rights of Way Barbed wire fencing across a PRoW. by arborlad » Thu Mar 19, 2009 3:54 pm, Post You will need to apply for planning permission if you wish to erect or add to a fence, wall or gate and: it would be over 1 metre high and next to a highway used by vehicles (or the footpath of such a highway); or over 2 metres high elsewhere; or What are the rules? Moving it was the first thing we looked at, theres an ideal alternative route that follows a forestry track which wouldn't make the route any longer, but the highways said it will cost around £3000, which we would have to pay. 2. Permitted development. men. Is this still classed as fencing at the front of our property as its actually on the side??? You will not need to apply for planning permission if you wish to erect a new; or alter, maintain, improve or take down* an existing fence, wall or gate if the following conditions are met:. It clearly includes all adopted roads and footpaths, but would also include other roads and footpaths which the public have a right to pass over. by andrew54 » Fri Feb 27, 2009 2:46 pm, Post Resident Chris Dalton said he has opened a planning dispute against the new fence, based on the fact the house is a listed building and is next to a path often used by the public. Hazard warning signs need to be mentioned as described previously. by despair » Thu Mar 19, 2009 6:47 pm, Post There are quite a few others if you google 'how to remove public footpath'. If you need access for essential repair and your neighbour refuses you can apply to the County Court for an Access Order but the work must be done carefully to avoid damage to your neighbour’s property, which includes plants etc. This includes Mass paths and Corpse roads. It’s important to note that this act doesn’t cover Crown land, public parks, reserves or roads. If the legal width of the path isnt known (check with council as you wouldnt want to fence and then have to take it down as if a legal width is defined that overrides any other rules) then absolute minimum seems to be about 1-1.2m but recommended is 2m (which would also help avoid moans as with fencing both sides, 1-1.2m would be harder for those coming in opposite directions to pass). It is an offence to place barbed wire across a public right of way. This does not include open fells or ... fence 0.5 m inside the external perimeter hedge or fence will provide a greater degree of security. Garden Law is for general information only and does not constitute professional advice. The act that governs dividing fences in NSW is called the Dividing Fences Act 1991. The fence was built before the passage of the law: If a previously existing fence violates new height regulations, in most cases it can remain. In situations like this, we generally use logs to mark the edge of the path, they will keep 95% of people on the desired path, the odd 5% probably won't stick to the path no matter what sort of barrier is there!!! My question is will I be in limits of the permitted planning rules regarding adjacency i.e is the footpath still considered part of the road even though its at quite a bit highr elevation and 2m away from the physical road? Where the fence crosses the public footpath, the electrified fence must be insulated with tubing to a width of no less than one metre. I would prefer to fence the footpath and have a gap of 1m but what I am not clear on is if this is just advise the coucil is giving or if it is something that is legally enforcible.