I need urgent help about a 6ft fence i have put up

andrew54
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Re: I need urgent help about a 6ft fence i have put up

Post by andrew54 » Tue Dec 14, 2010 12:09 am

Sudynim wrote:
pilman wrote:You appear to be in a different situation from most people as you are at the end of a cul de sac.

The reason why the GPDO specifically mentions a highway is because there can be a traffic problem with sight lines when a fence is 2 metres high right up to the edge of a pavement.
That is unlikely in your case because you see the road directly ahead as you drive from your land, so no one is likely to be approaching from the side as a pedestrian. There seems to be no pavement to the side of your property.

As you have already erected the fence, my suggestion would be to ignore the council unless they issue an enforcement notice.
They will only do that if they consider there has been a breach of planning control that has an effect on highway safety.
I agree - you are not obscuring the view of passing traffic, there is no highway safety case for prohibition.
But it still looks bloody ugly. Detrimental to the visual amenity.

pilman
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Re: I need urgent help about a 6ft fence i have put up

Post by pilman » Tue Dec 14, 2010 12:42 am

If the GPDO made any mention of how these things are supposed to look there could be a valid reason for making that comment.
Only the height is controlled by planning law, so the last comment should be ignored as beauty is in the eye of the beholder.

Your house = your choice.

andrew54
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Re: I need urgent help about a 6ft fence i have put up

Post by andrew54 » Tue Dec 14, 2010 8:07 am

pilman wrote:If the GPDO made any mention of how these things are supposed to look there could be a valid reason for making that comment.
Only the height is controlled by planning law, so the last comment should be ignored as beauty is in the eye of the beholder.

Your house = your choice.
It is the height that spoils the appearance, and if it went to committee then the councillors might well take into account the appearance, due to it's height, and refuse the application. It is likely to be decided by officers, but not necessarily.

andrew54
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Re: I need urgent help about a 6ft fence i have put up

Post by andrew54 » Thu Dec 16, 2010 10:24 pm

I still can't see why pilman is saying I am wrong (he keeps doing this) as I find that although beauty is in the eye of the beholder councils do refuse planning permission on grounds of appearance. Permitted development allows a fence (even an ugly fence) up to one metre high adjacent to this highway. But the fence in question is well over one metre. Therefore permitted development does not apply. Planning permission is needed and when deciding the application I felt that the ugly appearance could be considered.
Here is the reasons given for refusal in a real case.....

The proposed xxxx is considered inappropriate in terms on it's location and scale that would be visually intrusive and unacceptable in the streetscene. In addition the extent of the xxxx is considered to represent visual clutter that would detract from the character and appearance of this part of xxxx town.


I feel the fence in the photo earlier does not come under permitted development and could be refused due to appearance. Am I wrong?

andrew54
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Re: I need urgent help about a 6ft fence i have put up

Post by andrew54 » Thu Dec 16, 2010 10:31 pm

pilman wrote:The reason why the GPDO specifically mentions a highway is because there can be a traffic problem with sight lines when a fence is 2 metres high right up to the edge of a pavement.
Does the permitted development order actually say it is due to sight lines? And if it does, is this still relevant when deciding a planning application? If it is not permitted by Permitted Development regulations - then are the reasons for refusal still restricted by the reasons behind the permitted development regulations? I think not.

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Mattylad
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Re: I need urgent help about a 6ft fence i have put up

Post by Mattylad » Fri Dec 17, 2010 11:39 am

Perhaps the panels either side of the gateway can be changed to 1m?
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.

arborlad
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Re: I need urgent help about a 6ft fence i have put up

Post by arborlad » Fri Dec 17, 2010 3:47 pm

vwgolfs wrote:Hi Arborlad, thanks for your comments, with regards to the boundry i intend to put a row of climbing plants there so it is still defined,
Apart from the difficulties of planting and maintaining them, any sort of foliage based boundary feature, whether it is a hedge or climbers is, I think, a non-starter in that situation.
i have a 5 year old who is more tan capeable of climbing up 4-5 or even 6 ft railings so the fence was the only option, if you have or have ever children you would be aware of this.
I regularly erect fences for clients with special needs, from the youngest to the oldest, so I'm not unaware of your situation. When I said, 'something like 4'6" railings', I was trying not to be too specific, just pointing out that there are alternatives, railings can be vertical as well as horizontal.
arborlad

smile...it confuses people

Keats26
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Re: I need urgent help about a 6ft fence i have put up

Post by Keats26 » Fri Jul 05, 2019 7:53 am

I know this is a long shot and an old post but pilman I have a query for you. Your assistance would be appreicated I am faced with a similar issue.

IdefixUK
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Re: I need urgent help about a 6ft fence i have put up

Post by IdefixUK » Tue Jul 09, 2019 9:00 pm

Keats26.
I think you would get a better response if you were to start your own thread.
Regards.


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