Verging on the ridiculous

Re: Verging on the ridiculous

Postby jonahinoz » Wed Feb 22, 2017 9:38 am

if the LA do nothing, after four years the breach is considered lawful as if pp had been given and enforcement action cannot be taken.

Hi Mac,

I don't know, but I think I disagree with that statement in this situation.

The four year rule applies to Planning, not ownership. In this instance, the question is about whether the land under the fence belongs to Cheradenine. Also, assuming the fence had been in place for twenty consecutive years, do "Squatter's Rights" apply to land in the possession (not ownership) of the LA/HA?

In this instance, assuming that the land under the fence does belong to Cheradenine, then PP is irrelevant, as a one metre high wall would be Permitted Development. But as an academic question, if the fence had been, say, 2 metres high, would replacing it with a 2 metre high wall have been PD?

John W
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Re: Verging on the ridiculous

Postby arborlad » Wed Feb 22, 2017 10:56 am

jonahinoz wrote: But as an academic question, if the fence had been, say, 2 metres high, would replacing it with a 2 metre high wall have been PD?

John W




We've addressed this issue before John, in this context planning doesn't differentiate between walls and fences, although it was once argued - quite fervently - that the owner of a 10ft high laurel hedge that abutted a highway, could replace it with a 10ft wall/fence because in planning terms a hedge was considered a 'wall of shrubs'!
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Re: Verging on the ridiculous

Postby MacadamB53 » Wed Feb 22, 2017 2:07 pm

arborlad wrote:
jonahinoz wrote: But as an academic question, if the fence had been, say, 2 metres high, would replacing it with a 2 metre high wall have been PD?

John W




We've addressed this issue before John, in this context planning doesn't differentiate between walls and fences, although it was once argued - quite fervently - that the owner of a 10ft high laurel hedge that abutted a highway, could replace it with a 10ft wall/fence because in planning terms a hedge was considered a 'wall of shrubs'!
and there was "once" a time we all wore nappies and couldn't walk or talk :D :oops:
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Re: Verging on the ridiculous

Postby cheradenine » Tue Feb 28, 2017 11:39 am

Just to update and thank everyone for their help.

In the end we hassled Highways ourselves, with 'before' streetview and 'after' simulations with fence panels in lieu of stone.

Highways were friendly - if a little difficult to coax a response out of (mind you, there has been a lot of wind-felled trees of late). Their basic response was that they couldn't care less.

They did leak the information that the neighbour had also been on to not only them, but the Land Registry (a fat lot of good that will have done them).

A funny way to declare war - but so be it. We'd stepped down our side fence from 2m to 1m to meet the wall height. If this is how he wants to play - back up to 2m under PD it will go.
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Re: Verging on the ridiculous

Postby arborlad » Tue Feb 28, 2017 12:18 pm

cheradenine wrote:A funny way to declare war - but so be it. We'd stepped down our side fence from 2m to 1m to meet the wall height. If this is how he wants to play - back up to 2m under PD it will go.




Have a care, the 2m height limit elsewhere, except adjacent to a highway, there'll come a point where your side fence is considered to be adjacent to the highway, which includes the verge. Some consider it to be within 2m but there is no clear definition, it is deliberately vague to allow for some interpretation.
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