Is fence immune from enforcement action?

Is fence immune from enforcement action?

Postby andrew1138 » Tue Apr 26, 2016 3:55 pm

I bought first floor flat with front garden and quite long but narrow side garden. According to plans attached to granted planning permission part of the fence should be only 1m heigh (to not cover visibility for cars exiting the road). The whole fence was build 1.8m. Fence was build 8 years ago. Is it now immune from enforcement action?
I would like to place a timber shed in my garden next to that fence. I've read that planning permission is needed for sheds. When applying for planning permission do I need to specify where exactly timber shed will be placed. Do I risk being asked to lower down part of the fence while applying for planning permission for garden shed?
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Re: Is fence immune from enforcement action?

Postby Collaborate » Tue Apr 26, 2016 5:54 pm

They had 4 years from date of breach to enforce the PP re the fence, so you're home and dry on that.

I suspect you're right to be worried that they may try and be vindictive about the shed.
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Re: Is fence immune from enforcement action?

Postby mugwump » Tue Apr 26, 2016 9:22 pm

Planning may be too late but I think highways could still take action to enforce the visibility splay
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Re: Is fence immune from enforcement action?

Postby arborlad » Wed Apr 27, 2016 10:16 am

andrew1138 wrote: According to plans attached to granted planning permission part of the fence should be only 1m heigh (to not cover visibility for cars exiting the road). The whole fence was build 1.8m.



Does it obscure the vision of any cars exiting that road?
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 10:34 am

arborlad wrote:
andrew1138 wrote: According to plans attached to granted planning permission part of the fence should be only 1m heigh (to not cover visibility for cars exiting the road). The whole fence was build 1.8m.



Does it obscure the vision of any cars exiting that road?



I don't think so, that is way probably there was no complain during last 8 years, but I'm not a specialist. Please have a look attached photos. Decision Notice grants 1.8m high fence along this road, but attached plan and report says about part of fence to be 1m high only.
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 10:53 am

Sorry I have messages that I can't add links or img attachments I will find out way, and will post images later.
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Re: Is fence immune from enforcement action?

Postby arborlad » Wed Apr 27, 2016 12:06 pm

andrew1138 wrote:Sorry I have messages that I can't add links or img attachments I will find out way, and will post images later.



You should be able to now - you need three or more posts before you have permission to add images. It's an anti-spam/censored* measure which is woefully outmoded and no longer fit for purpose.

* should read p o r n :?
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 12:10 pm

Image
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 12:11 pm

Yes I can now
Last edited by andrew1138 on Wed Apr 27, 2016 12:12 pm, edited 1 time in total.
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 12:11 pm

Image
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 12:11 pm

arborlad wrote:
andrew1138 wrote:Sorry I have messages that I can't add links or img attachments I will find out way, and will post images later.



You should be able to now - you need three or more posts before you have permission to add images. It's an anti-spam/censored* measure which is woefully outmoded and no longer fit for purpose.

* should read p o r n :?



Thanks
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Re: Is fence immune from enforcement action?

Postby arborlad » Wed Apr 27, 2016 12:52 pm

andrew1138 wrote:Image



Ah, doesn't that make life easier :) from that image it doesn't appear as though visibility is affected, especially as traffic calming measures have been introduced which, I think, your fence predates.

Have you actually measured the fence at that point, seems to be less than 1.8m-6'.
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Re: Is fence immune from enforcement action?

Postby arborlad » Wed Apr 27, 2016 5:43 pm

andrew1138 wrote:Image




The right hand image is a bit weird, either drawn upside down or there was an intention for there to be a 1m high fence on top of a 0.8m wall :?
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 8:29 pm

arborlad wrote:
Have you actually measured the fence at that point, seems to be less than 1.8m-6'.


yes, it is all 1.8m
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Re: Is fence immune from enforcement action?

Postby andrew1138 » Wed Apr 27, 2016 8:40 pm

arborlad wrote:The right hand image is a bit weird, either drawn upside down or there was an intention for there to be a 1m high fence on top of a 0.8m wall :?


Haha yes it does look weird. This is what report attached to planning permission says "Highways and Transportation recommended that the fence size be reduced to 1 m from the front boundary wall to the building line (approximately 4.5m). The applicant was informed and amended plans were received on 18/06/08. The new plans complied with the 1 m limit outlined by Highways and therefore the proposal complies with policy T1"

I'm wondering whether I should just place a garden shed in my garden (all neighbours have no problem with me do so) or applying for planning permission for garden shed and risk being ask to lower down the fence.
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