Fence on Boundary of Highway: Case Law to support Appellant

Fence on Boundary of Highway: Case Law to support Appellant

Postby adelarks » Tue Jul 25, 2017 6:14 pm

Hello

I have just been served with an enforcement notice saying i must remove my fence that is above 1m (1.8m) which it is claimed by the council is "adjacent of the highway".

The council has now backtracked somewhat as I had previously contacted them to ask if placing my fence behind a hedgerow some 1.5m from the boundary of my property would need planning. They told me "no" on the phone.

The fence has been erected at the front of what is an unusual house with a wrap around garden, so the front plot is overlooked by a road but is in fact the main garden and we want to protect our young children who play there and retain our privacy.

Our fence is lovely looking, an expensive slatted cedar wood, it also improves the street scene and we have had several letters endorsing all the work we have done to improve our road including specifically this fence!

We know that case law is sketchy and what one inspectorate would determine as "adjacent" another wouldn't. In essence, because it improves the street scene and is in keeping with the overall look of the road we question why this should have even have been raised.

The person who complained is an employee at the council and not a neighbour and it follows us making a complaint about the council's processes on another matter.

My question or request is whether anyone can give me examples of case law that would support appeals on boundary fencing - that show council's enforcement notices being quashed. I have a few including Windsor, Tunbridge Wells and also a very interesting case in Manchester involving a case around privacy which we could also argue. But does anyone have any examples themselves that are not available online or evident in web searches.

Time is of the essence and I am looking to respond in next 2 days with some supporting cases. This case involves Elmbridge Council in Surrey.

HELP ME PLEASE!!!!
Adrian.
adelarks
 
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Re: Fence on Boundary of Highway: Case Law to support Appell

Postby despair » Tue Jul 25, 2017 11:01 pm

Cant help with examples but if your fence is the house side of a hedgerow i cant see the problem

Its crazy that you can grow a hedge to crazy heights and even block sightlines yet fences come in for critism

Sounds like the council employee is being vindictive

Most planning inspectors are fine if presented with reasonable arguments
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Re: Fence on Boundary of Highway: Case Law to support Appell

Postby Collaborate » Wed Jul 26, 2017 12:00 am

a quick search of this forum reveals this question has been asked and answered a number of times:

viewtopic.php?f=6&t=16139

viewtopic.php?f=6&t=19199

viewtopic.php?f=6&t=18982

viewtopic.php?f=4&t=17382
Collaborate
 
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Re: Fence on Boundary of Highway: Case Law to support Appell

Postby adelarks » Wed Jul 26, 2017 12:47 pm

Thanks for these links. But iv'e been through those before and the question I am asking is has anyone got case law that can be referred to other than those I have mentioned. So for example, perhaps someone has an an appeal upheld and has the detail so I can refer to what the inspetcorate says. I am well versed on the issues around what the council deems "adjacent" or doesnt for that matter. It's such a grey area I need concrete examples like the case in Tunbridge Wells where the inspectorate said if he couldn't touch the fence it wasn't adjacent.

Any help?
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