Fence Panel to high???

Fence Panel to high???

Postby Barney1995 » Thu May 29, 2014 9:19 pm

I have recently put fencing up the length of the garden and because my garden slopes down the last panel down on the patio is 2.26m. The neighbour has gone straight to the council without asking me first, they have been round today (the council) and said that it is a bit to big and have given me 30 days to bring it down to size. They measured from the patio on my side, as there is no access on my neighbours side,to the top of the fence panel....this being the case could i raise the patio higher to make the right measurement or is there a way to stall the council a bit longer???

Cheers
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Re: Fence Panel to high???

Postby MacadamB53 » Thu May 29, 2014 9:39 pm

Hi Barney,

do you mean bury the fence?

that's not a good idea for a number of reasons.

it wouldn't solve your problem anyway - the measurement is from ground level and the officer only has to look at it from the other side (assuming they can't tell what you've done on your side to hide things).

stick in a planning app or reduce the height - those are your options.

Kind regards, Mac
PS how did you manage to create the problem anyway?
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Re: Fence Panel to high???

Postby Barney1995 » Fri May 30, 2014 5:22 am

Thanks for the reply.
Sorry not bury the fence ,we have a very small brick wall at the bottom then the gravel board then fence panel, it probably happened because me and my wife done it and the last part was not thought out very well.I did say to the council officer could i apply for planning permission and she refused straight away.....probably to much paperwork for them. I was thinking of raising the tiles on the patio or putting in a flower bed. If you need a photo i can post one.

Thanks again.
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Re: Fence Panel to high???

Postby despair » Fri May 30, 2014 5:32 am

maximum height is 2 metres from your natural ground level and since council are involved you need to alter the fence height not try to screw around with patio etc
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Re: Fence Panel to high???

Postby jonahinoz » Fri May 30, 2014 8:02 am

is there a way to stall the council a bit longer???

Hi,

As Barney asked the above question, maybe stalling the council is an option that would be beneficial to him ...I can't think why. ???

But if that is the case, would a Planning Application put the case on "HOLD"? But for how long, and at what cost, and what are the chances of it being successful? Surely the council official does not have the authority to refuse a verbal planning query, although he can offer his advice/opinion.

John W
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Re: Fence Panel to high???

Postby MacadamB53 » Fri May 30, 2014 8:36 am

Hi Barney,

could i apply for planning permission and she refused straight away

the enforcement officer does not have those powers.

Kind regards, Mac
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Re: Fence Panel to high???

Postby Brainsey » Fri May 30, 2014 10:03 am

Well Barney doesn't say that the Council person was an enforcement officer but if so, perhaps they simply indicated the any application for PP for a fence higher than 2m would be refused based on their knowledge of LPA policy.

Barney, you say that this part of the fence wasn't thought out well. What height would you have made it had you properly thought it out?

You also say that they measured from your patio. If the patio is above the natural ground level then that is to your advantage.
Any application for PP will obviously cost you and you'd also need PP to raise the patio more than 9" (I think) above the natural ground level: although that may vary between LPAs. Your neighbour will be advised of the PP application and will no doubt object. Putting in a flower bed won't fool the council officer.

The remainder of the fence must be no more than 2m high so what's your objection to simply reducing the height of last part of the fence to match?
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Re: Fence Panel to high???

Postby Roblewis » Fri May 30, 2014 1:20 pm

Is the neighbours land higher than yours at this position? If so you could appeal that there has been no breach as the fence is only 2m high to adjoining land. If they are not higher then height reduction is a necessity. Would removal of the wall assist? You can however replace with slightly lower panels say 1650mm, or ther suitable height and leave the posts alone as the extra height for these does not constitute a fence requiring consent. I trust you have used concrete posts - I believe wood fence posts are now a thing of the past serving only to increase the regularity of full replacemnt fences.
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Re: Fence Panel to high???

Postby arborlad » Fri May 30, 2014 1:47 pm

Roblewis wrote: - I believe wood fence posts are now a thing of the past .


............not in my experience, with most ground-contact timber having a service life of 25/30 years, timber posts is still my preferred option.



leave the posts alone as the extra height for these does not constitute a fence requiring consent.



............again, not in my experience, I've seen them enforced against and ignored in probably equal measure.
arborlad

smile...it confuses people
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Re: Fence Panel to high???

Postby MacadamB53 » Fri May 30, 2014 2:04 pm

Hi Brainsey,

perhaps they simply indicated...

perhaps so - not what the OP said, and I have first-hand experience of an enforcement officer stating opinion as fact.
I appreciate the officer might have a good knowledge of their local policies, but it is the inspectorates decision that counts.

Kind regards, Mac
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Re: Fence Panel to high???

Postby Barney1995 » Fri May 30, 2014 2:39 pm

Hi all
Thanks for so many replys. I will try pp just because the neighbour is being funny, i am just a bit angry that he did not just approach me and ask. He asked if i could cut down my conifer which we did, so i was a bit annoyed about this.....when i get home i shall post a photo and let you decide.....
Thanks
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Re: Fence Panel to high???

Postby Roblewis » Sat May 31, 2014 11:20 pm

Arborlad

You have the pick of the wood crop - we don't :(

If properly treated with sound timber to start with I could perhaps agree but I cannot find any.

A post is not a fence even a line of them - yes I do know of attempted actions that are ultra vires
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Re: Fence Panel to high???

Postby Barney1995 » Wed Jun 04, 2014 6:24 pm

I spoke to the council today and they said that they will only measure from my patio to top of the fence panel. I then asked if i could raise my patio....she would not say yes, just the same thing that she would measure from the patio my side to the top of the fence panel. I was thinking of making a frame with a flower bed instead of raising it.
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Re: Fence Panel to high???

Postby MacadamB53 » Wed Jun 04, 2014 8:58 pm

Hi Barney,

it probably happened because me and my wife done it and the last part was not thought out very well...

get someone in to sort it out.

your new 'raised bed' idea won't fool your LPA - anything over 30cm higher than true ground level would require planning anyway I think...

is this in your back garden?

Kind regards, Mac
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Re: Fence Panel to high???

Postby Barney1995 » Thu Jun 05, 2014 5:23 am

Hi
Yes it is the back garden...i need to raise it 26cm only. They cant measure from the neighbours side because he has a out building against it.the council did take a photo though. Not sure if it has to be concrete at base or can use the flower bed option.
Regards
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