This is general guidance based on standard permitted development rights in England. Rules differ for listed buildings, conservation areas, and properties with Article 4 directions. Always confirm with your local planning authority before starting work.
Do I Need Planning Permission for a Fencing (Over 2 Metres or Adjacent to Highway) in North East Derbyshire?
Fencing that exceeds 2 metres in height, or fencing over 1 metre adjacent to a highway used by vehicular traffic. Both scenarios require planning permission as they fall outside permitted development rights.
Planning in North East Derbyshire
91%
of planning applications granted
92%
decided within the statutory or agreed time
64%
of householder applications decided within 8 weeks
In the year to December 2025, North East Derbyshire decided 516 planning applications. 301 of these were householder projects such as extensions, loft conversions and outbuildings, of which 92% were granted.
Planning statistics: MHCLG planning application statistics, the year to December 2025. Conservation area and Article 4 data: planning.data.gov.uk, © Historic England / Crown copyright. Open Government Licence v3.0.
Important: Additional Restrictions May Apply in North East Derbyshire
North East Derbyshire has 32 conservation areas. These include Amber Mill and Toad Hole, Ashover Village, Barlow, Barlow Grange, Barlow Mills and Crow Holes, Barlow Woodseats and Johnnygate. If your property is in a conservation area, some or all permitted development rights may be restricted. For example, you may need planning permission for changes that would normally be permitted, including alterations to the roof, cladding, or extensions visible from a public highway.
Check with North East Derbyshire planning department before starting work to confirm whether your property is affected by any special designations.
Permitted Development Rules for a Fencing (Over 2 Metres or Adjacent to Highway)
Planning permission is required. Fencing over 2m in height is not permitted development. Fencing over 1m adjacent to a highway used by vehicular traffic also requires planning permission. A householder planning application must be submitted to the LPA.
Conditions
- 1Fencing over 2m in height requires planning permission
- 2Fencing over 1m adjacent to a highway used by vehicular traffic requires planning permission
- 3The LPA will consider the visual impact, highway safety, and amenity of neighbours
- 4Applications for very high fences are often refused
Size and Dimension Limits
- PD limit: 2m (or 1m adjacent to a highway)
- Heights above these limits require a planning application
When Permitted Development Does Not Apply
- LPAs frequently refuse applications for fences over 2.5m due to visual impact
- Highway authorities may object if tall fencing affects visibility splays
- Conditions may be imposed on approved applications (materials, colour, maintenance)
What About Building Regulations?
Building regulations approval is not usually required
Building Regulations do not apply to domestic fencing regardless of height. However, very tall fences may need structural engineering input to ensure stability, particularly in exposed or windy locations.
Building regulations are separate from planning permission. Even if your project is permitted development, you may still need building regulations approval. Contact North East Derbyshire building control or use an approved inspector.
How to Apply in North East Derbyshire
If you need planning permission for your fencing (over 2 metres or adjacent to highway), you can apply through North East Derbyshire's planning department or via the national Planning Portal.
If your project is permitted development and you want written confirmation, you can apply for a Lawful Development Certificate (LDC) from North East Derbyshire. This provides proof that your project does not need planning permission, which can be helpful when selling your property.
What Happens If I Build Without Permission?
High enforcement risk. Fences over 2m without planning permission are one of the most common enforcement issues. The council can serve an enforcement notice requiring the fence to be reduced to the permitted height. Neighbours frequently complain about unauthorised high fencing.
Frequently Asked Questions
Do I need planning permission for a fencing (over 2 metres or adjacent to highway) in North East Derbyshire?
Does a fencing (over 2 metres or adjacent to highway) in North East Derbyshire need building regulations?
How do I apply for planning permission in North East Derbyshire?
How long does planning permission take in North East Derbyshire?
What percentage of planning applications does North East Derbyshire approve?
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