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tiger
Joined: 27 Mar 2007
Posts: 3
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 Posted: Tue Mar 27, 2007 7:12 pm Post subject: read all 19 pages of posts:still need answer to fence query |
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PLEASE BEAR WITH ME FOR THIS NEED HELP. I live on a corner plot and erected a 6foot 6 fence next to the pavement along the side of our house in ignorance of planning regulations. The pavement borders an as yet
unadopted road that leads to the next phase of our housing development.
The fence has been there for over 4 years. A neighbour has complained to the council that this fence restricts views for traffic. This is because the pavement (and thus the fence) follows a line in
accordance with the traffic calming/narrowing constructed when the houses were built. The planning officer has written asking that we lower the fence to 1m or move it back by 1.8m.
YOU HAVE DONE WELL TO GET THIS FAR!! 
After reading this forum, I am aware that a fence next to the pavement should be 1m. I am also aware that I can lower or remove the fence and grow a hedge in its place as high as I like!
I can also apply in retrospect for planning but don't think I'll get it. I have asked the officer to visit and am preapred to move the part of the fence that jutts out back to allow view for traffic. I also want to ask if he can prevent people from using the traffic calming/narrowing as a car park. This restricts view for traffic even further.
What do you think my chances are?
Do I have to comply with his requests if the fence has existed for more than 4 years ?
Do i point out other neighbours high fences next to the pavement?
Can the council do anything if they haven't adopted the road yet?
Finally, is there a statutory distance away from the pavement that the fence has to be? I can't find one in the town and country planning act.
THANKS IN ANTICIPATION FROM A FENCE NOVICE 
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tiger |
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subjecttocontract
Joined: 17 Mar 2006
Posts: 1752
Location: Essex, Spain, South of France
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| Posted: Tue Mar 27, 2007 9:34 pm Post subject: |
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Do you want to run the risk of being an accessory to someone death, possibly a child, because you don't want to comply with the rules ?
Rules are there for a reason. Some people don't think they apply to them.....are you one of them ?
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Almost everything I say is tinged with irony ! |
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tiger
Joined: 27 Mar 2007
Posts: 3
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| Posted: Tue Mar 27, 2007 11:31 pm Post subject: |
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No I don't want to put anyone in danger and moving the offending portion of the fence will allow a clear view of the road. I'd rather do this than lower the fence to 1m and then grow an 8 ft hedge.
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tiger |
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mark1
Joined: 04 Jun 2005
Posts: 344
Location: Esher
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| Posted: Wed Mar 28, 2007 7:43 am Post subject: |
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| If the council have invited you to apply for retrospective planning permission do so! It could be in your favour. |
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tiger
Joined: 27 Mar 2007
Posts: 3
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| Posted: Wed Mar 28, 2007 9:35 am Post subject: |
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thanks yes they have invited me to do this.
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tiger |
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obscured by clouds
Joined: 03 Apr 2006
Posts: 807
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| Posted: Wed Mar 28, 2007 10:53 am Post subject: |
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| tiger wrote: | | No I don't want to put anyone in danger and moving the offending portion of the fence will allow a clear view of the road. I'd rather do this than lower the fence to 1m and then grow an 8 ft hedge. |
the reasoning behind the 1 m rule is for road and pedestrian safety.... yes you can grow your hedge up to whatever, but the highways authority can make you cut it back at any time via a S154 notice.
the strange differenc between fences and hedges is purely that a fence is a man-made construct that needs to be built, entailing a degree of forethought. hedges and trees are wild things, which if left will grow naturally over time... it's as simple as that. nothing strange in law at all. |
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patdavies
Joined: 21 Mar 2005
Posts: 534
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| Posted: Wed Mar 28, 2007 2:28 pm Post subject: |
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Erm, if its been in place for over 4 years, I don't think that planning permission is now required - retrospective or not.
Are the planning dept aware of the age of the fence? |
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mark1
Joined: 04 Jun 2005
Posts: 344
Location: Esher
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| Posted: Wed Mar 28, 2007 2:55 pm Post subject: |
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| My fence had been up between June 2000 and October 2004 when the enforcement officer queried it. I had to apply for retrospective planning and it was 'rubber stamped thru'. I had to complete 6 forms draw a diagram and send photographs. I made sure that the photographs showed it in the best light and how much it benefitted everyone!! |
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andrew54
Joined: 14 Dec 2005
Posts: 5342
Location: north yorkshire
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| Posted: Thu Mar 29, 2007 8:58 pm Post subject: |
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tiger, I will try to answer your points...
Do I have to comply with his requests if the fence has existed for more than 4 years ?
Probably not, but do you have proof that the fence has been in place for 4 years? Do you have receipts from a fencing company? If you have these you should apply for a certificate of lawfulness.
Do i point out other neighbours high fences next to the pavement? This is not the argument to use when trying to argue that you do not need permission because of the four years. If you get to applying for permission then this might help.
Can the council do anything if they haven't adopted the road yet?
I'm not sure. Presumably the developer and council will already have agreed that the road will be adopted at some stage.
Finally, is there a statutory distance away from the pavement that the fence has to be? I can't find one in the town and country planning act.
No, it seems to depend on whether the fence is adjacent to the highway. |
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