Neigbours 2nd fence around my fence

Neigbours 2nd fence around my fence

Postby stressederic » Tue Jul 04, 2017 9:46 am

Hi,

I have a few 'issues' with my neighbours and wanted to hopefully get some advice around permitted development and fences...some of my other issues I will post in the other, relevant sections.

Background
With regard to my front garden and my fence: I erected a 4ft fence around the entirety of my front garden when i purchased my house. This was a requirement of the purchase.
Running across the front of my front garden is my neighbours driveway.

My neigbours house is a conversion to a dwellinghouse and was granted for this conversion from the LPA approx. 7 years ago. Having checked their planning documents on the planning portal, the approval was given subject to certain conditions...One of the conditions is for no further development inside or outside of their curtilage without consent from LPA. Said curtilage is denoted by a line indicated on the plan and is basically their back yard.
My neighbours, who lets say we dont get on with have erected a vile fence panel fence, 2 meters high around the entirety of my front garden and there are now 2 fences there...my 4ft fence and a few inches in front of this is their fence. Their fence is not in 'keeping' with the local scenery (we live in a rural location) and they have not applied for planning permission for it and also it blocks out my view from the front windows of our house. I understand you can erect a fence to the front of your property up to 2 meters high. However, as per their planning approval for their house, it says no further development unless permitted by the LPA

Further to this, their driveway continues from in front of my garden and then there is a 90 degree turn and this is where their driveway continues for another 100m or so, this 100m section of driveway, I have a right of way over and along this 100m section (ill call this the shared driveway). Where the 90 degree turn is, they have also erected further 2 meter high fence panels, which means they cannot see anything coming up the shared driveway (ie a blind spot) when they are coming out of their driveway in front of my front garden. This is of concern to me given my children play on the shared driveway on their bikes and it seems there is an accident waiting to happen here...god forbid.

Questions
Have they breached planning rules by erecting this fence around my front garden and not having applied for planning permission for it/consent from LPA?
Does the same apply for the other fence panels causing the blind spot?
IS there anything the LPA can do about of this?
With regard to the fence around my garden taking away the view from my house and the fact it is an eyesore, is there anything LPA can do about this or would I need go via civil litigation for this?

Thanks in advance.
stressederic
 
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Re: Neigbours 2nd fence around my fence

Postby arborlad » Tue Jul 04, 2017 9:58 am

stressederic wrote:...some of my other issues I will post in the other, relevant sections..




On that specific point, it is almost always best to stick to one thread, better it strays into other areas of the forum than having it fragmented under different threads.
arborlad

smile...it confuses people
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Re: Neigbours 2nd fence around my fence

Postby MacadamB53 » Tue Jul 04, 2017 12:59 pm

Hi stressederic,

as per their planning approval for their house, it says no further development unless permitted by the LPA

notify your LPA if you believe there's been a breach and the LPA will take it from there.
(we can't offer an opinion on whether there has been a breach if you don't share the wording of the condition attached to the approved planning application).

my children play on the shared driveway

tell your kids to stop playing on someone else's private land - it is both unlawful and disrespectful.

Kind regards, Mac
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Re: Neigbours 2nd fence around my fence

Postby stressederic » Tue Jul 04, 2017 1:11 pm

The planning approval letter states:


Conditions and associated reasons:
Notwithstanding the provisions of the Town and
Country Planning (General Permitted
Development) (Amendment) (No.2) (England) Order 200
8 (or any subsequent equivalent
legislation) no development falling within Classes
A to F of Part 1 of Schedule 2 of the
said Order shall be carried out to the property or
within its curtilage without the prior
written permission of the Local Planning Authority.

Reason: To control subsequent enlargements or alter
ations to the property and within its
curtilage so as to safeguard its character and sett
ing and maintain the openness of the
green belt in accordance with Policies UDP3, UR3, D
1, GB4 and GB1 of the Replacement
Unitary Development Plan.

Further to the approval letter a footnote states:

FOOTNOTE:
This application for use of the building as a perma
nent dwelling is granted on the basis of
the building and curtilage defined on the approved
drawings. This permission does not
give any authorisation to development outside that
curtilage, and any subsequent
development including any proposals for the formati
on of new accesses, driveways, parking areas or other hardstandings, or for the ex
tension of the residential curtilage, will
require a separate grant of planning permission

With regard to my children playing on the shared driveway: I have a full and free right of way at all times and for all purposes.
stressederic
 
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Re: Neigbours 2nd fence around my fence

Postby MacadamB53 » Tue Jul 04, 2017 4:33 pm

Hi stressederic,

garden fences, walls and gates come under Part 2 rather than Part 1 so they are not breaching that condition - which means they have planning permission for the fence.

your property comes with a right for the owners and visitors to pass and repass over another property to get to and from your property but not to stay on that other property for their own amusement - so your kids should only ever be on that "shared" drive to get home or get to the public highway (less than a minute per journey I'd suggest).

in cases there's any confusion, "all purposes" means the purpose of the journey - to deliver the milk, to go out shopping - not what purpose you want to put the drive to.

Kind regards, Mac
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Re: Neigbours 2nd fence around my fence

Postby stressederic » Tue Jul 04, 2017 6:44 pm

Hi, Thanks for the information.

I should have been more clear. My children ride their bikes down the driveway and off the driveway and backup the driveway...so i guess that can be classed as a 'journey'.

Is my neighbours development of the fences permitted even if it is outside of their curtilage? The fence they have erected around my fence is both ridiculous and malicious to stop us having a view as well as a complete eyesore. What, if anything can be done to have this taken down?...discussions between us are not possible.
stressederic
 
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