Fence Adjacent to Highway Issue

Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Fri May 01, 2015 9:43 am

Hi Mac, thanks for getting back to me.

I called and spoke with them.

The original enforcement was cancelled, this current letter is a notice that the y will send the enforcement notice in 21 days.

What are you thoughts on the query I raised in the last post?

The hedge has been there over 5 years and the part adjacent to the highway is currently inside the fence.
Am i OK to drop the fence and have the 5ft hedge as coverage + allow it to grow?

If so then at a later date could I just out the panels inside of the hedge, which is where I wanted it but the person I paid to help (a Gardner and a fence erector) decided otherwise. Which of course is a separate issue.

I'll call the dept today re these plans, yes of course I am hoping this might show that planning was originally granted. currently they have told me a planning app would be refused in its current position. This I find odd when there are fences and walls everywhere that block line of sight, ours is within line of sight. The one I mentioned is within a few 100 yards of where we live on the next bend. I think it wa a vertical screen fence but has been fully enclosed at some point in more recent years with 6' feather edge. Enforcement refuse to look this up even thought I have sent a copy of the solicitors letter. I have also found a horizontal screen fence similar to ours that goes on for 12 panels against the corner and highway at a greater height but still under 2m

Some councils say 1m is adjacent others 2m, I'm not sure why my council have no resolved to 2.25m.
She has promised to email with further info on the harm but nothing received as yet.

I hadn't realised we were breaking planning regs, being told we were allowed to enclose by solicitors and having had Barry out after reading the General Permitted DEvelopment there is a section that says if you are within line if sight that it should be permitted. So it was a complete shock to have this happen. While it is down to a jealous neighbour complaining I realise that it no defence.

Yes, we'd have kids and the locals from the various caravan sites up and over and away with anything g they could. You can't leave anything out around here, blink and its gone. The recent thing is to steal everyone's pots from the front of houses.
Last edited by constance_gardener on Fri May 01, 2015 10:09 am, edited 1 time in total.
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Fri May 01, 2015 10:06 am

A surgery with the police confirms that are aware of the safety issues both with the corner and security risk.
They were really helpful, but obviously Enforcement do their own thing.
Last edited by constance_gardener on Fri May 01, 2015 10:58 am, edited 1 time in total.
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Re: Fence Adjacent to Highway Issue

Postby MacadamB53 » Fri May 01, 2015 10:30 am

Hi constance,

Am i OK to drop the fence and have the 5ft hedge as coverage + allow it to grow?

yes - that is a very good solution.

as I mentioned before, the hedge is outside the remit of planning law.

as for your future plan - I can not imagine the LPA would be interested if you erected a six foot fence behind a six foot hedgerow (unless the hedgerow was full of gaps).

there is a section [in the GPDO] that says if you are within line if sight that it should be permitted

there is no such section in the GPDO so what document are you referring to?

push for a copy of that approved plan which says a means of enclosure could be constructed along all boundaries - there is no reason at all you should find this hard to achieve if you just ask for all historic apps related to your property...

Kind regards, Mac
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Fri May 01, 2015 10:34 am

Thank you are a star!

I just came back as I realised you had already answered.

So tired, just recently diagnosed with ME and this is taking its toll
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Fri May 01, 2015 10:46 am

Hi gain
This is the section I was looking at

>(6) The permission granted by Schedule 2 shall not, except in relation to
>>development permitted by Parts 9, 11, 13 or 30, authorise any development
>>which requires or involves the formation, laying out or material widening of
>>a means of access to an existing highway which is a trunk road or classified
>>road, or creates an obstruction to the view of persons using any highway
>>used by vehicular traffic, so as to be likely to cause danger to such
>>persons.

I see I should have read properly and referred to the quoted sections which covers section 2 class A

My best regards to you and everyone else too
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Fri May 01, 2015 10:54 am

Just spoke with a neighbour, she thinks the flats fence came with permission on the build.
Fingers crossed on these plans, maybe we'll have extra leverage.....
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Re: Fence Adjacent to Highway Issue

Postby syl2 » Sat May 02, 2015 8:15 pm

If you apply for planning, they get advice from highways. If highways are happy, as you say, there should be no problem approving it. If there is, despite highways agreement, appeal the decision. But first of all wait to see what they do about the proposed enforcement notice. If they don't do anything more (I.e. don't send one), don't do anything yourself. If they do send one, appeal. If they make you move it, let the hedge grow as high as you like - as long as it's not subject to the high hedge laws. Something like beech hedging provides a good screen all year round and isn't "evergreen".

So, in order, try the following:

1) await arrival of enforcement notice
2) appeal
3) apply for planning permission
4) appeal
5) grow tall non-evergreen hedge
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Sun May 10, 2015 12:30 pm

Hi there, I am going g for the hedge option.

Highways will not send the paperwork from the visit, I have been asking for over a year and nothing.

They have said they will not approve an application as it is, so there's no point.

Does anyone know why they are insisting on this extra 25cm?

Also could I leave the fence posts at this height, they are wired on the inside for climbers.
I thought this would give us extra security while the new plants fill in?
This is what we have done at thefro to 1200mm all g line of sight but they haven't mentioned this area. So I am currently assuming the wiring doesn't constitute a fence?

Any thoughts welcome as usual.

Thank all
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Sun May 10, 2015 12:32 pm

Hi sorry, what do you mean by high hedge laws?

Again they are everywhere around here?

Can you point me to a reference?

Thanks
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Re: Fence Adjacent to Highway Issue

Postby Collaborate » Sun May 10, 2015 3:20 pm

constance_gardener wrote:Hi sorry, what do you mean by high hedge laws?

Again they are everywhere around here?

Can you point me to a reference?

Thanks


https://www.gov.uk/government/publicati ... he-council
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Re: Fence Adjacent to Highway Issue

Postby MacadamB53 » Sun May 10, 2015 4:33 pm

Hi constance,

Does anyone know why they are insisting on this extra 25cm?

what did the authorities give as a reason? - they must provide one.

Kind regards, Mac
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Sun May 10, 2015 7:52 pm

Should be OK re: high hedges, checked it out.

Nothing back from them regarding this either.

Any thoughts re:
"Also could I leave the fence posts at this height, they are wired on the inside for climbers.
I thought this would give us extra security while the new plants fill in?
This is what we have done at thefro to 1200mm all g line of sight but they haven't mentioned this area. So I am currently assuming the wiring doesn't constitute a fence?"

Thanks again
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Re: Fence Adjacent to Highway Issue

Postby MacadamB53 » Sun May 10, 2015 8:33 pm

Hi constance,

Nothing back from them regarding this either

so are you saying the enforcement officer told you 2.25m from the carriageway but did not explain why? not even "that is our stated policy"?

So I am currently assuming the wiring doesn't constitute a fence

so what would you call it then?

it is a post and wire fence:

http://www.alltypefencing.com/_images/s ... mesh/1.jpg
http://country-services.com/images/fence_fence2.jpg

Kind regards, Mac
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Re: Fence Adjacent to Highway Issue

Postby constance_gardener » Tue May 12, 2015 10:44 am

OK fair enough, strange the front doesn't bother them though.

I've just checked a couple of emails.

One says they will not get permission even if they apply.
The letter just states 2.25m back and no one will give an explanation.
Another email then says it doesn't matter what Highways think? I'm sure on of the previous posts said Highways are consulted?

I do feel there is bias in the process......
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Re: Fence Adjacent to Highway Issue

Postby MacadamB53 » Tue May 12, 2015 10:49 am

Hi constance,

I do feel there is bias in the process

so far the process has not begun - comments from planning officers are just that.

the process begins when you submit an application or they issue an enforcement notice.

Kind regards, Mac
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