Question Regarding Permitted Development with Fences

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justarookie
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Question Regarding Permitted Development with Fences

Post by justarookie » Thu Oct 03, 2019 12:29 pm

Hi all,

Rookie gardener here. Moved into a family home last year that needed a lot of work and having finally brought a lot of it up to speed; my attention is now turned on the horrendous gardens that need a lot of attention.

In the back garden; we asked the neighbor if they would mind us raising the fence from 1.83m to 2.5m in order to make it safer for our kids to access the top terrace via steps as well as provide more privacy for us as their top terrace very much overlooks our dining room. Anyway, they refused and I moved ahead with the planning permission route.

Since I have zero experience with gardens or planning, I put all proposed work on my application including plans to level the front section of the front garden with sleepers and add a 1.0m fence and side fences at 1.83m. However, it appears that our neighbor has not taken kindly to any of this work and sent a letter to all neighbors in the estate asking them to lodge objections as the fences are not within the character of the neighborhood. Several objections have been received as expected.

We are not in a listed building or in a conservation area; just a nice looking estate that has lots of open gardens but also a few with fences.

So here are my questions:

Can the council somehow refuse the front garden 1.0m fence or is this truly covered under permitted development (PD)?

Can the council somehow refuse the side fences at 1.83m or is this truly covered under PD - they do not come beyond the front of the house and have no impact on the neighbors light etc.

We also want to add a couple of 1.83m fences in the back garden on the top terrace - is this also covered by PD or could I get resistance on this also?

I am based in Edinburgh and would appreciate any insight into this as things are getting rather nasty with the neighbor and having all sorts of crazy behavior now such as loud music, obnoxious banging of bins, bottles etc so I just want to make sure I proceed with caution.

Many thanks in advance!

MacadamB53
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Re: Question Regarding Permitted Development with Fences

Post by MacadamB53 » Thu Oct 03, 2019 1:19 pm

Hi edinburghguy,

it would be sensible to revise your application so that it does not include anything that is PD.

kind regards, Mac

justarookie
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Re: Question Regarding Permitted Development with Fences

Post by justarookie » Thu Oct 03, 2019 1:31 pm

Hi Mac,

Thanks for your reply and input.

Yes, I am already looking at making an amendment to pull out all PD as I don't want to give people any more chance to complain about something that is already legally permitted.

Rookie error but this is all new to me and I guess my concern is that I do not want to deal with having to pull anything down after spending time and money on it.

Thanks!

SJC14
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Re: Question Regarding Permitted Development with Fences

Post by SJC14 » Fri Oct 04, 2019 9:24 am

One thing to consider are Burdens in the Deeds of Conditions or more Title Sheet. These may prevent fencing in front gardens, though if some already have fences this may mean that they are unenforceable or at least leverage to say they are.

despair
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Re: Question Regarding Permitted Development with Fences

Post by despair » Fri Oct 04, 2019 8:27 pm

Why not simply put in hedges ,,,,they can go to silly heights if you plant the right things


SJC14
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Re: Question Regarding Permitted Development with Fences

Post by SJC14 » Sat Oct 05, 2019 2:06 pm

despair wrote:
Fri Oct 04, 2019 8:27 pm
Why not simply put in hedges ,,,,they can go to silly heights if you plant the right things
+1

arborlad
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Re: Question Regarding Permitted Development with Fences

Post by arborlad » Sat Oct 05, 2019 2:49 pm

SJC14 wrote:
Sat Oct 05, 2019 2:06 pm
despair wrote:
Fri Oct 04, 2019 8:27 pm
Why not simply put in hedges ,,,,they can go to silly heights if you plant the right things
+1


Bad idea.
arborlad

smile...it confuses people

Rosenberg
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Re: Question Regarding Permitted Development with Fences

Post by Rosenberg » Tue Oct 08, 2019 12:59 pm

Arborlad would say that; he's a fencer.

If you have the space, a hedge or other planting is a good idea. Better for wildlife as well.

IdefixUK
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Re: Question Regarding Permitted Development with Fences

Post by IdefixUK » Tue Oct 08, 2019 9:49 pm

Whilst there is an arguement that hedges are better for wildlife etc than a fence, hedges grow and generally need a fair bit of time with maintenancence, they also occupy a lot more land area than a simple fence. Added to this will be the problem of how will you access the other side of the hedge to clip it if your neighbour decides not to allow access? The next problem is where do you plant it, obviously on your own land but just how close to the theoretical boundary (hedges grow sideways too)? As soon as it is planted starts the clock ticking to the possible boundary dispute of the future where your neighbour claims possesssion of your land up to the line of the trunks as the grow out of the ground. Fences are by construction fairy narrow allowing more free space and generally can be accurately and neatly erected just abutting any known boundary line, thus forming the all important boundary feature without losing appreciable amounts of land.
I use hedges to separate different areas in my own gardens, but I would not, by choice, use a hedge on on a boundary with a neighbour.
With the land you effectively save by using a fence rather than a hedge you will have plenty of space to grow a few climbers up the fence if that is your pleasure.

Regards

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