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 Torbay?
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 Torbay
86%
of planning applications granted
77%
decided within the statutory or agreed time
36%
of householder applications decided within 8 weeks
In the year to December 2025, Torbay decided 533 planning applications. 264 of these were householder projects such as extensions, loft conversions and outbuildings, of which 88% 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 Torbay
Torbay has 24 conservation areas. These include Abbey Road, Babbacombe Downs, Barton, Belgravia, Brixham Town, Cary Park. 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.
Torbay has 2 recorded Article 4 directions. These include Churston; Polsham. Article 4 directions remove specific permitted development rights in defined areas. If your property is covered by an Article 4 direction, you may need planning permission for work that would normally be permitted. Contact Torbay planning department to check whether an Article 4 direction applies to your property.
Check with Torbay 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 Torbay building control or use an approved inspector.
How to Apply in Torbay
If you need planning permission for your fencing (over 2 metres or adjacent to highway), you can apply through Torbay'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 Torbay. 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 Torbay?
Does a fencing (over 2 metres or adjacent to highway) in Torbay need building regulations?
How do I apply for planning permission in Torbay?
How long does planning permission take in Torbay?
What percentage of planning applications does Torbay approve?
Find a Fencing Specialist in Torbay
Browse local fencing specialists on Tradesfolk. Read reviews, compare quotes, and hire with confidence. 100% free for homeowners, always.