How to legally heighten your Fence?

RocknRoll
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Flashing Lights Help

Post by RocknRoll » Sat Aug 17, 2013 9:50 am

Hi,
I sadly have a 'problem' neighbour. Recently what has pushed me to try and gain this advice is I feel they are really pushing us as much as they can with what we are 'forced' to look at from our property.

We have a standard 6ft fence but right next to/above our fence we have the view of their tatty shed and pergola (which must tower at nearly a meter above our fence and seems to overhang in our garden.) We dont really care about this, but what has happened is she has gone absolutely bananas and decorated the entire garden in FLASHING-MULTI COLOURED-LARGE BULB-LIGHTS. (Im not exaggerating when I say entire)
JUST counting the solar lights that are 'above'/right next to our fence/garden = there are 20 SETS.
What is even more scary is she keeps buying/erecting more each weekend I know there is more to come...it seems we constantly see her up the ladders above our fence.
The light that it all emits lights up our upstairs window/back window like an alien aircraft has landed. We dont have anyone sleeping in the back so personally the light emittance really isnt our concern - she can do whatever she wants in her own garden 'below' our fence, or even at the other side, it is the fact she has 'forced' us to view this from our garden/dining room.

She isnt the garden lover that sits outside and enjoys it, whereas we did, we liked to sit and enjoy the peace of an evening etc but now we dont like sitting out due to the 'flashing' and extreme brightness we just 'cannot' ignore. She doesnt even have children so why an adult would want this 'santas grotto' effect is beyond me. Our other neighbours cant believe the view either.

I wrote to DEFRA having researched how permanent fairy lights are classed as 'nuisance lighting', however they needed us to start the process of complaint by going to our local council and im scared of starting the ball rolling with a complaint without knowing if this is viable.
Id like some advice? It certainly is upsetting for us having stopped our enjoyment of our garden and the view looking out onto it.

We are completely willing to compromise with her we would be willing for a few static lighting 'above' our fence - but the multi colours, the multi-flashing, the quantity/brightness she has erected knowing that we 'have' to look at this is what is just 'too much' to ignore?

Due to this woman already reported for harassment toward us, we dont want to approach her. I still would even prefer to be friends with this woman, I have looked into mediation even via councils but note there is a ridiculous charge for this - does anyone know of any other mediation we could try to come to a compromise?

RocknRoll
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Fence Trellis & Access

Post by RocknRoll » Sat Aug 17, 2013 10:44 am

I believe the legal height limit on back garden fencing to be 6ft - is this in total (ie 6ft 'including' concrete bases) or just 6ft for actual wooden fence panel?
Why Im asking, is it legal to fit 'Trellis' etc on top of a 6ft fence? ie is Trellis not classed as part of the fencing.

Also, what is the law in regards to giving neighbours access onto your property to erect fencing;
We have a fence on our land, the neighbour has a fence directly behind this on their land - if they wanted to erect a new fence and needed access from our side (due to them having sheds etc stopping their ability to erect from their own property) could they ask to remove our panels so they could fit their fence? ie legally would we have to say yes? Our fence is hand built and panels arent easily removed etc due to our trees directly in front so id hope not to have to cause this disruption to our garden. This has not been asked of us, im just hoping it never is! :?

Thanks

despair
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Re: Fence Trellis & Access

Post by despair » Sat Aug 17, 2013 11:37 am

The max height for fence and trellis is 6ft 6in or 2 metres
above that requires Planning permission ..............some councils might ignore things if the trellis makes it a total of 7ft but its not strictly legal

Height is measured from unaltered ground level

Unless your deeds give express permission for access by your neighbours you are in no way required to provide access or remove your fence

Hence if they want a new fence abutting yours and they have a shed in the way its tough .....its their problem not yours

ukmicky
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Re: Fence Trellis & Access

Post by ukmicky » Sat Aug 17, 2013 4:42 pm

From ground level 6ft 6in is the max unless you have restrictive covenants on your deeds . Any concrete parts that extend upwards from ground level are included in the height.

Your neighbour can ask for the access,you can legally refuse.
Any information provided is not legal advice and you are advised to gain a professional opinion

ukmicky
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Re: Flashing Lights Help

Post by ukmicky » Sat Aug 17, 2013 4:53 pm

Solar lights tend not to work for long without regular maintenance of the battery connections so she will soon get tired of them .

Also we are approaching autumn so the batteries will soon not receive enough charge to last more than a few hours
Any information provided is not legal advice and you are advised to gain a professional opinion

appledore
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Re: Flashing Lights Help

Post by appledore » Sat Aug 17, 2013 6:56 pm

It sounds like she's lost the plot. As ukmicky has said the solar lights won't last long, and once the days shorten they'll be worse than useless. The best thing is to try and ignore her. If she gets no response she'll probably get sick of her lights.
Blackout linings are very effective if they're lighting up a bedroom.
Keep calm and carry on.

kipper
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Re: Flashing Lights Help

Post by kipper » Sat Aug 17, 2013 7:04 pm

Light nuisance is a valid complaint that the local authority has power to enforce. No need to be afraid to take this route.

RocknRoll
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Re: Fence Trellis & Access

Post by RocknRoll » Mon Aug 19, 2013 9:16 am

Thanks for this information

RocknRoll
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Re: Flashing Lights Help

Post by RocknRoll » Mon Aug 19, 2013 9:23 am

In winter evenings im probably not likely to want to sit outside of an evening, so its unfortunate it is the summer months that these effect still.
Ive been surprised at the cloudy weather we've had lately and the brightness of them though.

I know our usual approach is to just ignore her, sometimes I cant help but think its unfair what she gets away with. At least if I have the information I feel a bit better knowing how to react.

Because our main concern is the 'view' from our back rooms/garden - does this matter? Or are councils more bothered about if the light nuisance effects a 'bedroom'?

RocknRoll
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Outdoor Noise

Post by RocknRoll » Mon Aug 19, 2013 9:53 am

Dogs 'allowed' to bark at 7am on a Sunday morning, Chickens going 'crazy' from 5am (Even though people say its cockerels that make the noise, believe me chickens squarks are damn annoying!), Radio on in the garden full blast EVERY sunny day...

Again these are petty situations but so annoying and inconsiderate

What do other people do when experiencing all this? These are things I will ignore but I wondered if anyone else has ever complained about such occurrences.

Mojisola
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Re: Flashing Lights Help

Post by Mojisola » Mon Aug 19, 2013 3:13 pm

Would it help to have some tall bamboos in pots to reduce the glare while you are in the garden?

A blackout blind would help in the bedroom if that becomes a problem.

despair
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Re: Outdoor Noise

Post by despair » Mon Aug 19, 2013 3:20 pm

rocknroll

personally it sounds like your neighbour is a total nightmare..............I do know that scenario

It would obviously be wise to think what you do that might annoy some people .....I am certainly not accusing you because in quiet rural areas noise from kids jumping and screaming on a trampoline or diving in and out of a swimming pool or playing musical instruments out of tune or constant BBQs , bonfires etc can all annoy others who are used to a quiet life

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WILL*REMAIN*STRONG
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Re: Outdoor Noise

Post by WILL*REMAIN*STRONG » Mon Aug 19, 2013 3:47 pm

Hello.
The environmental health can deal with unreasonable noise levels. It can be difficult because you run the risk of big fall outs with neighbours when you complain, but if noise is early in the early morning, late at night or very loud for long periods, it can be deemed as a nuisance and the environmental health can take action.
We all have to live with a certain amount of noise, and our tolerance levels are all different. If you feel noise is constant and disrupting your home life, try speaking to the neighbour calmly and ask if perhaps noise levels are kept down at early and late times where you are trying to sleep. We should have the right to some peace really, it isn't too much to ask.
Best of luck.

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WILL*REMAIN*STRONG
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Re: Flashing Lights Help

Post by WILL*REMAIN*STRONG » Mon Aug 19, 2013 3:57 pm

Gosh all those lights and she could call herself Mummy Christmas. :oops:
To mediate you could try a mutual friend/neighbour/acquaintance. The only problem with using an unprofessional mediator is they might not be able to refrain from taking sides. But at least if you sit down and talk things through there is a chance mummy xmas can see your side.
Good luck.

RocknRoll
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Re: Flashing Lights Help

Post by RocknRoll » Mon Aug 19, 2013 7:14 pm

I am trying to find a large enough tree to put infront, they cost a few hundred but at least it'd help block the view.

We do have a mutual friend/neighbour, they are more likely to take their side as they are better friends but I have thought about trying to clear the air once and for all that way :)
Until then it is laughable watching 'mummy xmas' :lol:

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