A fence, wall or gate next to a road used by vehicles can be up to 1m high without planning permission. That includes the pavement alongside the road, so a front garden fence on the back edge of the footway is limited to 1m. Away from roads, the limit is 2m. Most front boundary problems in the West Midlands come from corner plots, where the side garden runs along a road and owners assume the 2m back garden rule applies. Often it does not.
This guide explains the wording, how councils interpret it and how to stay on the right side of it. It is general information for England, not legal advice.
The wording that matters
The rule is in Class A of Part 2 of the General Permitted Development Order 2015. A gate, fence, wall or other means of enclosure can be put up without planning permission if it is no higher than 1m above ground level where it is "adjacent to a highway used by vehicular traffic", and 2m elsewhere.
Two parts of that phrase carry the weight: "highway used by vehicular traffic" and "adjacent".
What counts as a highway used by vehicular traffic
A highway is any road, lane, footway or path the public has a right to use. The 1m limit is triggered by a highway used by vehicles, and the pavement alongside a road is part of that highway. So:
- A fence on the back edge of the pavement of an ordinary residential road: 1m.
- A fence next to a grass verge that is part of the highway alongside a road: normally 1m.
- A fence next to a public footpath or alleyway that vehicles do not use, such as a cut-through between estates or a rear footpath behind terraces: generally the 2m limit applies.
- A private drive or unadopted road: whether it counts depends on whether it is a highway and whether vehicles use it. Ask the council.
What "adjacent" means
"Adjacent" is not defined in the order. Councils and planning inspectors treat it as a matter of fact and degree. A fence right on the boundary with the footway is clearly adjacent. A fence set back a few metres behind a front garden may or may not be, depending on how it relates to the road. Setting a fence back half a metre behind a strip of gravel will usually still be treated as adjacent.
If you want a taller boundary near a road, the safe routes are to keep it to 1m, or to apply for planning permission, or to ask the council for its view first. A Lawful Development Certificate gives written confirmation if you think a taller fence is allowed.
Corner plots
On a corner plot, the side of the house faces a road. The side garden fence runs alongside the pavement, so it is adjacent to a highway used by vehicles and limited to 1m, even though it encloses what feels like a back garden. This catches out a lot of owners who replace a 1m side wall with a 1.8m close-board fence for privacy.
Options on a corner plot:
- Apply for planning permission for a taller fence. Councils often approve fences set back behind a planting strip, or in materials that suit the street, but will refuse fences that block visibility or look out of place.
- Keep the boundary at 1m and add a 1.8m or 2m fence further back inside the garden, where it is no longer adjacent to the road. Whether "further back" is far enough is a judgement, so check first.
- Use planting behind a low wall or fence for privacy.
Visibility splays
A visibility splay is the triangle of land at a junction, or either side of a driveway, that must be kept clear so drivers and pedestrians can see each other. On many estates, the original planning permission contains a condition keeping splays clear above 600mm to 1m. Separately, highway authorities have powers under the Highways Act 1980 to require owners to remove or reduce walls, fences and planting that obstruct the view at corners.
So even a fence under 1m may be a problem if it sits in a splay that a condition keeps clear, and a new driveway gate or wall should never block the view of a driver pulling out. If you are adding driveway gates or a front wall alongside a new dropped kerb, the council will look at visibility.
Gates next to the road
Gates count as a means of enclosure too. Driveway gates on the front boundary next to a road are limited to 1m without planning permission, including the posts or pillars. Gates should also open inwards, not over the pavement: the Highways Act 1980 prevents gates opening outwards onto a highway. A pair of timber gates typically costs £900–£1,800, metal £1,500–£3,500. See the driveway gates cost guide.
What a front boundary costs
Indicative West Midlands prices, supply and fit, waste included:
| Boundary | Indicative price |
|---|---|
| Fence under 1m | about 60% of the 1.8m rate: roughly £36–£54 per metre for lap panels, £57–£81 for featheredge |
| Low brick wall under 1m | £150–£250 per metre |
| Side gate, timber | £250–£450 |
| Pair of timber driveway gates | £900–£1,800 |
Fences over 1m next to a road always get a free site visit rather than an instant range, because the planning position needs checking. For longer fence runs see the fence cost per metre guide, and our pages on a new fence, garden walls and side gates. We pass your enquiry to one local specialist, who confirms a fixed price.
For fences between gardens, see how high can a garden fence be?
Questions
Is my front garden fence limited to 1m?
If it runs along the pavement or verge of a road used by vehicles, yes, without planning permission. If your front garden faces only a footpath that vehicles do not use, the 2m limit usually applies.
Can I put a 1.8m fence on the side of my corner house?
Not without planning permission if it runs along the road or its pavement. Councils do approve taller side fences, often set back behind planting, so it is worth applying rather than building first.
Does the pavement count as part of the highway?
Yes. The footway alongside a road is part of the highway used by vehicular traffic, so a fence on the back edge of the pavement is adjacent to that highway.
Can I replace an existing 1.8m fence next to the road?
If the existing fence was lawful, for example it was built with permission or has been there long enough to be immune from enforcement, you can usually replace it at the same height. Keep photos and dates showing its age.
What is a visibility splay?
It is the area at a junction or beside a driveway that must stay clear so drivers and pedestrians can see each other. Estate planning conditions often keep it clear above a set height, and the highway authority can require obstructions to be reduced.
