Paragraph 3E Other development within the curtilage of a dwellinghouseF1

(1)

The erection, construction, maintenance, improvement or alteration of any gate, fence, wall or other means of enclosure any part of which would be within or would bound the curtilage of a dwellinghouse.

(2)

Development is not permitted by this class if—

(a)

any part of the resulting gate, fence, wall or other means of enclosure would exceed 2 metres in height;

(b)

any part of the resulting gate, fence, wall or other means of enclosure would exceed one metre in height where it—

(i)

fronts a road; or

(ii)

extends beyond the line of the wall of the principal elevation or side elevation that is nearest a road;

(c)

it replaces or alters an existing gate, fence, wall or other means of enclosure and exceeds whichever is the greater of the original height or the heights described in sub-paragraphs (a) and (b);

(d)

it would be within a conservation area; or

(e)

it would be within, or bound, the curtilage of a listed building.

Annotations

Textual amendments

F1: Sch. 1 Pts. 1, 1ZA substituted for Sch. 1 Pt. 1 (6.2.2012) by The Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (S.S.I. 2011/357), arts. 1(3), 2(4), sch. (with art. 3)