Letter from local council re fence

Letter from local council re fence

Postby Rib Eye » Wed Feb 08, 2017 4:50 pm

Good afternoon,

I live in Glasgow and have been in my house here for just over 10 years.

There is a large lawn area at the front of my house which most people assume is council owned land and walk across it, allow their dog to foul on it etc. I recently decided I would landscape around the boundry with shrubs for privacy but first I'd put up a small fence to define the boundry and keep the dogs off. I consulted with my neighbours and they were all happy with the proposal.

Whilst I was building the fence an old chap walked past with his dog and started chatting to me about the fence, obviously assuming I was just a workman and not actually the homeowner. He was objecting about the fence but told me where he lives and it's nearly 1 mile away so I didn't pay too much attention.

So last week I got a letter from the planning enforcement department of the council, he has obviously gone and complained about it.

The letter from the council says that I am fencing off open public land to form a private garden, which is totally incorrect. It's my land and I have the title deeds to prove it.

Secondly, the letter claims the fence is 1.8m high when in actual fact it is 1.2m high. I've since discovered that permitted development only allows 1m so that was an oversight/error on my part.

I would be most obliged if you could give me your thoughts on how I proceed with this. I'm tempted to go back to the council and prove that I own the land and offer to chop 0.2m off the top of the fence to bring it down to 1m but would appreciate a second opinion before I go ahead.

Many thanks.

Regards,

Eric
Rib Eye
 
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Re: Letter from local council re fence

Postby MacadamB53 » Wed Feb 08, 2017 10:47 pm

Hi Rib Eye,

I live in Glasgow

have you read the disclaimer you're supposed to read?

viewtopic.php?f=30&t=17978

someone might offer help, but be aware that knowledge of Scots Law and/or Scottish legislation is not necessarily anyone's forte on this forum.

Kind regards, Mac
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Re: Letter from local council re fence

Postby Rib Eye » Wed Feb 08, 2017 11:48 pm

Hi Mac,

Yes I did read the disclaimer and that's why I wanted to make it clear from the very beginning that I live in Scotland.

I was hoping that I could still canvas some opinion and feedback from those on here who know far more about the subject matter than I do. If it ends up in court then obviously I'll take legal advice locally but I'm hopeful that armed with some more general advice on how to proceed then this is a route that I don't need to go down.

Regards,

Eric
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Re: Letter from local council re fence

Postby MacadamB53 » Thu Feb 09, 2017 12:05 am

Hi Rib Eye,

The letter from the council says that I am fencing off open public land to form a private garden, which is totally incorrect. It's my land and I have the title deeds to prove it.

you're confusing ownership with exclusivity.

in E&W much of the land the public has a right to use is privately owned so it is perfectly possible that part of one's front garden might be part of the public highway.

I'm sure the same principle will apply in Scotland...

Kind regards, Mac
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Re: Letter from local council re fence

Postby Rib Eye » Thu Feb 09, 2017 12:21 am

Hi Mac,

I get what you're saying but I'm sure this is not the case. I live in the middle of a newish estate with detached houses. There are no access rights. the land doesn't go anywhere or provide access to anything. It's just a bog standard front garden.

I have absolutely no concerns on this point, my issue is really what to do with the fence.

Regards,

Eric
Rib Eye
 
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Re: Letter from local council re fence

Postby arborlad » Thu Feb 09, 2017 8:22 am

Rib Eye wrote:The letter from the council says that I am fencing off open public land to form a private garden, which is totally incorrect. It's my land and I have the title deeds to prove it.




You may have what is called amenity land, land that you own but the council have control over how it is used. This may have been a planning requirement for the developer, you can usually check on-line if this is the case.
arborlad

smile...it confuses people
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