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I know it's irrelevant to the OP but since @poly asked:
When there is a step change at the boundary is the 2m measured from the high side or the low side?
For any planning purposes heights are measured from the lowest point.
For any planning purposes heights are measured from the lowest point.
For buildings the height is taken from the highest point of the surface of the ground immediately adjacent. For fences I believe it is measured from the owners land. In this case if they build the fence on their land then it'll be measured from their garden.
For fences I believe it is measured from the owners land. In this case if they build the fence on their land then it’ll be measured from their garden.
I concur, when we put a fence up between ourselves and neighbour due to the arrival of a rescue dog he decided to call the police , then later we had a visit from a council inspector who measured it at a mere 5 ft on our side but 8 ft on his.
His appeal for right to light was thrown out due to the totally overgrown trees in his back garden that went right up to his back door( he used to have to crawl to his back gate on his hands and knees )
You’ve a right to light. Tell ’em they can’t have more than 5ft. It’s not a planning thing (the bigger fence is permitted development) but it’s a historically established right to light – and you’ve got ’em on that.
Yeah..... no, you haven't "got 'em"
Right to light is a calculation and based on the previous amount of light that could enter the window - you have a right to a % of that original amount.... not all of it.
If I was the OP I'd just let them do it - it may be a little annoying for a short while but they have every right to go to 6' and privacy works both ways. You would get a nice new fence and more privacy. Maybe be thankful they aren't putting up a shed that could be considerably higher within PD.
Get arsy with the neighbour and you may find they plant a nice tree in the garden which you could do nothing about - not even right to light (which is really about buildings not fences). But then at least you'd get to look at a tree!
You would get a nice new fence and more privacy.
We don't care about more privacy - what they can see is a bit of kitchen (that is away from the active part, ie, prep area, sink, cooker, fridge, dishwasher etc) and a door. All they are likely to see are people fleetingly walking past. And the current fence intertwined with lots of lovely ivy is perfectly fine.
Get arsy with the neighbour and you may find they plant a nice tree in the garden which you could do nothing about
Hopefully, it won't come to that – we are on very good terms with them and I am sure they won't want to have a fall out just like us.
Also, and I don't know if this helps, as I said before - the fence is the original fence from when the house was built in the mid 80s, and it is 5ft down the side of the house (where our window is) then rises to 6ft when it is past the house and into the main garden area. I am sure there must have been a reason for this at the time and I wondered if it was anything to do with the fact we have that window there.
For buildings the height is taken from the highest point of the surface of the ground immediately adjacent. For fences I believe it is measured from the owners land. In this case if they build the fence on their land then it’ll be measured from their garden.
Well that's completely contrary to Scottish planning regs then.