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Planning policies and restrictive covenants anyone? 07:00 - Feb 20 with 732 viewsbefxblue

Any advice on the following gratefully received as my brain is spinning on this, I'll (try) to keep it brief:

Applied for planning permission for garden room/man cave as it would be sitting forward of my house, the house opposite to me, same plot shape and hand, has exactly the same already in place and approved.

Received email from council yesterday saying likely to be denied permission as policies have changed.

Council email also said 1.8M high fence at front of my property (Installed by previous owner) should have had planning permission, and I now have to apply for retro permission to keep it.

I'm not massively fussed about the man cave position as I can build it on permitted rights behind my house line, it just suited the shape of the garden more to have it in front.

I am however p1ssed off that I may have to take the fence down, but noticed on my title deed that one of the restrictive covenants states that the original purchaser had to erect a close boarded fence not less than 5 foot 6 high and maintain it forever after, in the position it is in now.

Question is, do the council have the right to overrule that covenant, or do I point it out to them and say that I surely don't need permission for the fence if that is one of the covenants?

Many thanks in advance to anyone who can offer advice on this.
[Post edited 20 Feb 2021 7:01]
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Planning policies and restrictive covenants anyone? on 07:06 - Feb 20 with 697 viewschrismakin

Assuming your fence isn't next to a highway or public footpath, you wouldn't need any permission for the fence as long as it's total height is no more than 2 metres from ground.... so not sure what the council are talking about tbh

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Planning policies and restrictive covenants anyone? on 07:14 - Feb 20 with 678 viewsbefxblue

Planning policies and restrictive covenants anyone? on 07:06 - Feb 20 by chrismakin

Assuming your fence isn't next to a highway or public footpath, you wouldn't need any permission for the fence as long as it's total height is no more than 2 metres from ground.... so not sure what the council are talking about tbh


They have cited that it is next to a highway in their email, I live in a close, but part of the fence runs parallel to the road outside.

Whilst I understand that rule may be grounds for them to oppose it being there, the original covenant is almost contradictory to that rule.

The covenant was set in 1955.
[Post edited 20 Feb 2021 7:14]
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Planning policies and restrictive covenants anyone? on 07:33 - Feb 20 with 648 viewschrismakin

Planning policies and restrictive covenants anyone? on 07:14 - Feb 20 by befxblue

They have cited that it is next to a highway in their email, I live in a close, but part of the fence runs parallel to the road outside.

Whilst I understand that rule may be grounds for them to oppose it being there, the original covenant is almost contradictory to that rule.

The covenant was set in 1955.
[Post edited 20 Feb 2021 7:14]


I'd send a copy of the Covenant to the council, as they can't overrule a Covenant put in place at it's original build which shows the need for the fence to be installed in 1955.

Something to be aware of though, if they do require the fence to be only 1 meter tall as they are classing it as next to the highway, you probably will need to look into changing the Covenant. It is something they could ask of you.
Planning permission for a 1 meter fence would not be required however once the Covenant was changed.

I'd get some specific advice locally if I were you to confirm, but I'm sorry it appears you will need to prepare yourself for some paperwork and additional costs.

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