Clarify fence height next to road/pavement ?

ElmerFudd
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Re: Any laws/restriction when erecting a driveway fence ?

Post by ElmerFudd » Fri May 26, 2017 5:06 pm

Not reported situation to councillor but Police have attended on each occasion an altercation has taken place and when threats of violence have been made, although Police claim warnings have been issued they say there's little they can do unless someone is assaulted and even then, it's your word against theirs and there's more of them backing each other up.

Police have said to go indoors if threatened and the last time I reported an incident to the Police, they just took details over the phone and I heard nothing more.

I've reported the situation to the Council but the Council just passed my complaint onto the Housing Association, who I'd already made many complaints to.

despair
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Re: Any laws/restriction when erecting a driveway fence ?

Post by despair » Fri May 26, 2017 5:19 pm

Hence why you need to contact your local councillor
and its not good enough for the police to say go indoors

the local councillor will know whose cage to rattle at housing dept

CCTV would be very usefull as proof of whats going on

ElmerFudd
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Re: Any laws/restriction when erecting a driveway fence ?

Post by ElmerFudd » Sat May 27, 2017 12:57 am

Yeah, it's like banging my head against a wall.

My neighbours keep congregating and walking up and down my drive as if it's the pavement and are constantly in and out of their car, many times a day and through out the evening, always on my drive.

I'm threatened with violence, so have to consider installing CCTV and also a fence

If I end up erecting my own fence, I'll still have to install CCTV to try and catch the fence being damaged, another reason I would prefer the Housing Association to erect the fence.

despair
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Re: Any laws/restriction when erecting a driveway fence ?

Post by despair » Sat May 27, 2017 7:54 am

the police are able to install CCTV for people who are being threatened

go higher in the police and contact your local councillor

SarahSue
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Re: Any laws/restriction when erecting a driveway fence ?

Post by SarahSue » Sat May 27, 2017 11:21 am

My sympathies to you ElmerFudd :(
It seems like the injunction idea will be hard to police, however annoying it is.
It sounds like the neighbours are trying to goad you and just causing more bad feeling by continuing to encroach on your property. I could advise you to ignore them but I know this is difficult, especially when they are deliberately encroaching onto your land. I had a not dissimilar situation.
I would advise you to put your fence up and start enjoying your property again. The main annoyance was the neighbours encroaching. Once you put something in place to stop that, hopefully that is the end of the matter. But if you are concerned about damage to the fence, do put in CCTV. You can get some quite cheap cameras now.

ElmerFudd
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Re: Any laws/restriction when erecting a driveway fence ?

Post by ElmerFudd » Sat May 27, 2017 1:44 pm

Thanks Sarahsue

Yeah, an injunction would probably be hard to Police but if it's possible to obtain one without it costing a fortune, the law would at least be on my side, especially if supported by CCTV footage.

For the Police to install CCTV the situation has to be far worse than what I'm currently experiencing and totally unprovoked. As my neighbours only make threats of violence when I've asked them not to congregate on my drive or when I've asked them to move items off my drive, in the eyes of the law, the threats can be prevented if I don't confront my neighbours.

It's not that I can't afford CCTV or a fence, it's just an expense I'd rather not have, even if I erect a fence at my expense on my property, I will still have to install CCTV as I believe my neighbour of their visitors will purposely damage the fence or reverse a car into it, knowing I'll have to pay for its repair. It's another reason I'd prefer the neighbours Housing Association to erect the fence.

I've contacted the Police and it just adds to the frustration of another organisation to be writing to, the Police see it as a civil dispute between neighbours and said they can only get involved if someone is assaulted and even than I will need witnesses or CCTV footage.

despair
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Re: Any laws/restriction when erecting a driveway fence ?

Post by despair » Sat May 27, 2017 3:11 pm

i fully understand all of that but until you get on and contact your local councillor who is the one person to have influence with Housing Association the outcome you want is not going to happen

ElmerFudd
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Re: Any laws/restriction when erecting a driveway fence ?

Post by ElmerFudd » Sat May 27, 2017 3:48 pm

Thanks for your input dispair but what makes you think I'm not going to get the outcome I want?
I only responded to the Housing Association suggestion to erect a fence last week, so it's in my interest to see what they suggest next, as there are various reasons, which I've already mentioned, as why I would prefer the Housing Association to erect the fence.

If the Housing Association response is not acceptable and doesn't help resolve the situation, maybe then I will contact a local councillor but whatever happens, a fence will most definately be erected now I know there are no legislations that will prevent its installation

ElmerFudd
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Clarify fence height next to road/pavement ?

Post by ElmerFudd » Sun May 28, 2017 11:08 pm

I know there's a restriction or maybe planning permission is required when erecting a fence taller this 1 meter and it's adjacent to a road or pavement but does this rulling apply when a fence is erected between the drivesways of two properties, which are side by side with only a driveway and garden on either side of the fence and only the edge of the fence post, maybe 8cm wide, will actually be facing the pavement and road ?

MacadamB53
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Re: Clarify fence height next to road/pavement ?

Post by MacadamB53 » Mon May 29, 2017 7:14 am

ElmerFudd wrote:I know there's a restriction or maybe planning permission is required when erecting a fence taller this 1 meter and it's adjacent to a road or pavement but does this rulling apply when a fence is erected between the drivesways of two properties, which are side by side with only a driveway and garden on either side of the fence and only the edge of the fence post, maybe 8cm wide, will actually be facing the pavement and road ?
I believe there has been appeal decisions which concluded that the 1m height limit you mention was not meant to cover fences perpendicular to the highway.

that said, you could always reduce the height for the metre-or-so nearest the highway to avoid the matter altogether...

Kind regards, Mac

despair
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Re: Clarify fence height next to road/pavement ?

Post by despair » Mon May 29, 2017 7:34 am

For the sake of sightlines taper the last panel down to 1 metre

arborlad
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Clarify fence height next to road/pavement ?

Post by arborlad » Mon May 29, 2017 8:00 am

ElmerFudd wrote:I know there's a restriction or maybe planning permission is required when erecting a fence taller this 1 meter and it's adjacent to a road or pavement but does this rulling apply when a fence is erected between the drivesways of two properties, which are side by side with only a driveway and garden on either side of the fence and only the edge of the fence post, maybe 8cm wide, will actually be facing the pavement and road ?

Not a good idea to start another thread about the same fence: http://www.gardenlaw.co.uk/phpBB2/viewt ... 67#p201867 It's an even worse idea for those members who should know better to respond to it :roll:

'Adjacent' is deliberately left open to allow for some interpretation but is sometimes assumed to be within two metres. It's often misconstrued to refer to sight-lines but is just as likely to be to preserve the street scene.

It matters not that it is between properties - there'll come a point where the fence is considered to be adjacent to the highway.
arborlad

smile...it confuses people

ElmerFudd
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Re: Any laws/restriction when erecting a driveway fence ?

Post by ElmerFudd » Mon May 29, 2017 10:35 am

arborlad thank you for your input

Although, It's not a good idea for you to decide where I post my questions or to reply to a post within a different thread either, as you're only confusing matters

I'm correct to open a different thread, as my original post asked a different question, one that has been answered.
Also, this thread digressed to questions relating to the Police, councillors and the Housing Association.

My other thread, a question about the height of a fence next to a road etc, is a totally different question and separate to this thread, the question doesn't repeat what has been discussed within this thread.

This thread has ran its course and I wanted a separate response, without replies being buried within the replies to this thread.

The answer to my other thread could also help forum members, who would probably miss replies that are buried on page 3 of this thread.

So, unless you have the power to delete my question/thread about the height of a fence next to a road, I would much prefer both threads to remain separate and answered separately.

SarahSue
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Re: Any laws/restriction when erecting a driveway fence ?

Post by SarahSue » Mon May 29, 2017 7:37 pm

I am in complete agreement with ElmerFudd here re starting separate threads. One particular issue has different elements and each of these often warrant a thread in a separate category. It can get complicated. My own issue began as wondering if I potentially had a boundary issue (posted in boundary section). I got excellent advice there from the good people on this forum. Once established that there was no boundary issue, my next dilemma was how to put up some kind of screening. I then posted in the fencing section. My next issue was that my neighbour had attempted to damage some bushes (caught on CCTV) and another thread in another section.
If people had read all this under one thread, they would have missed potentially some of the important points being made because they may not have clicked on it in the first place.

arborlad
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Re: Any laws/restriction when erecting a driveway fence ?

Post by arborlad » Tue May 30, 2017 8:05 am

SarahSue wrote:I am in complete agreement with ElmerFudd here re starting separate threads. One particular issue has different elements and each of these often warrant a thread in a separate category. It can get complicated. My own issue began as wondering if I potentially had a boundary issue (posted in boundary section). I got excellent advice there from the good people on this forum. Once established that there was no boundary issue, my next dilemma was how to put up some kind of screening. I then posted in the fencing section. My next issue was that my neighbour had attempted to damage some bushes (caught on CCTV) and another thread in another section.
If people had read all this under one thread, they would have missed potentially some of the important points being made because they may not have clicked on it in the first place.


You are still missing the point, it was only when some of your multiple threads were linked to your original thread did others become aware of them. With everything fragmented, divided and duplicated amongst multiple threads, you've vastly increased your chances that something will be missed - with everything under the umbrella of one thread, you've vastly increased your chances that nothing will be missed.
arborlad

smile...it confuses people

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