When considering a new driveway entrance, many wonder about planning permission. It’s understandable, because if permission isn’t granted, there will definitely be several frustrating discussions with your council. Most of the time, the answer is no—but there are certainly occasions metal gates will need planning permission. It’s good to understand the exceptions before any work is undertaken.
What Is The General Rule?
Gates are considered “permitted development” in England. Typically, you can install, replace, or repair a gate without the need for planning permission. However, there are some restrictions, mainly related to height, that must be considered. Gates on residential properties can be as high as one meter if they’re adjacent to a road or pathway. The height restriction is raised to two meters if the gate is not adjacent to a road.
Metal gates, especially decorative designs, tend to not run into trouble when considering height restrictions during the planning process.
What Is The Exception?
As with many rules, there are some exceptions, and you want to definitely understand the exceptions metal gates might fall under before deciding to purchase gates.
The first item to consider is listed buildings. If your property is listed, even a simple boundary gate may need listed building consent. This is because local authorities consider the listed building and the site as a whole, and as such, may refuse consent for the construction of a boundary gate.
The presence of a conservation area impacts the situation as well. Local councils often place what is known as an Article 4 direction on a conservation area, which limits or entirely removes permitted development rights. Therefore, the construction of a metal gate which would otherwise be unregulated, would necessitate an application in that street or village.
If you live in a flat or maisonette, you can expect to be even less likely to receive permitted development rights, as there are no such rights for these dwelling types.
In many cases, the developer of a new estate will place conditions on the planning consent that restricts the construction of boundary treatments and gates.
The height and location of the gate take precedence over the material. Planning regulations make no differentiation between gates constructed of metal and those constructed of timber or other materials. Rather, the height and position of the gate takes precedence, as well as whether the property is located in a more regulated area.
Metal gates tend to be involved in planning discussions a bit more frequently, as they are the most popular modern replacement for an old wooden gate, more reliable and secure. People tend to ask planning questions around this point.
Things to consider if you still aren’t sure:
Unsure? Just call your local planning office — it’s the most cost effective solution to what could turn into a lengthy problem. Many councils now also offer a Lawful Development Certificate which provides a written statement to your gate’s lack of need for permission. This protects you incase you decide to sell your home and the purchaser’s solicitor has more questions.
It’s a good idea to talk to the neighbors and the local gate installers, as they are more likely to be familiar with what area restrictions might be in place, namely Article 4 restrictions, which are not typically seen in a preliminary area search.
In Conclusion:
Most homeowners have the ability to put in a metal gate without a height restriction planning application. Listed buildings, conservation areas (with Article 4 restrictions), new builds and flats are the only places you should rule out first. The most you will need to do is call your local council.
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