Homeowner Loses Appeal to Keep Oversized Fence Due to Safety Concerns
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Homeowner Loses Appeal to Keep Oversized Fence Due to Safety Concerns
- A homeowner in Bolton, UK, recently lost an appeal to retain a 1.87-meter fence that was erected without planning permission, primarily due to an inspector's finding of a "potential highway safety issue."
- Planning Inspector Martin Seddon dismissed the appeal on August 24, 2026, citing harm to the area's character and concerns for highway and pedestrian safety.
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A Bolton homeowner’s attempt to keep a 1.87-meter timber fence on Armadale Road, Ladybridge, has been rejected by the Planning Inspectorate. The fence, which was already in place when retrospective planning permission was sought, was initially refused by Bolton Council in April. The homeowner then appealed this decision.
The primary reason for the rejection, upheld by Planning Inspector Martin Seddon, was the fence’s location on a prominent bend near the junction with Birkenhills Drive. Seddon found that the fence restricts visibility for both drivers and pedestrians, creating “potential highway safety issues.” Specifically, he noted that drivers turning right into Birkenhills Drive have reduced visibility of oncoming vehicles, and pedestrians crossing Armadale Road also experience limited views.
The homeowner argued that the fence provided improved privacy and security, and was necessary due to repeated fly-tipping in the exposed corner of the plot. However, the inspector stated that no evidence was submitted to substantiate the fly-tipping claims. While acknowledging the increased privacy, Seddon concluded that this benefit did not outweigh the harm to the “open-plan character” of the estate and the significant safety concerns. Six objections were lodged against the fence, with one councillor reporting near misses since its erection.
In the UK, general permitted development rights typically allow fences up to 2 meters high, but this limit is reduced to 1 meter if the fence is adjacent to a highway used by vehicles, which includes footpaths. The height of the fence is measured from ground level, and anything exceeding these limits usually requires planning permission.