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Garden fence fail!


nowhereboy

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I currently live in a council house with the Mrs while we bide our time until we can buy our own home. The layout of the house is a bit backwards, the back door is used as the front as theirs a road passing by and the front opens onto a big area of grass which people have turned into gardens by putting up fencing.

 

We already have 6 foot fencing at the front giving us a garden which the previous tenants must have fitted but the fence has big square holes in the panels so we have no privacy. We went out and bought new fence panels and I've installed posts along the existing fence to fit them up against without really thinking about getting permission as the existing fence is already in place.

 

Low and behold the crazy cat lady neighbor next door has complained and now the council say we can't put the fence up as it's too high. We have asked for this to be reviewed and explained the existing fence is already six foot and other houses in the street already have the fencing, I'm currently waiting for a call back.

 

Aside from the obvious financial ball ache (I've spend about £350 quid on the fence), I've also wasted a whole day prepping the garden and installing the fence posts. If we don't get the permission to put this fence up it's the icing on the cake for me and I'll be looking to move house, the garden is the only thing about this house I really like and as the area itself is full of unemployed morons who sit about in their PJ's all day drinking, blocking them out of my view with this fence is an absolute must.

 

So bit of a pointless rant but I needed to vent, lesson learnt get permission first in future even if I assume it will be acceptable.

 

Anyone know how to remove 8 concrete posts from the ground? haha.....

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Cheer flex I have done, the legal height for a back garden is 6 foot but for a front garden its 3 (or something like that). Our problem is the front garden is used as a back garden because of the stupid house layout. I'd have to get some pictures up to explain it better.

 

Look's like I'm stuffed unless the council allow it anyway, more than a few houses have these fences separating the gardens so if they say no to me in theory all the other fences should be pulled down.

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2m is correct but lower if you're adjacent a highway - Ebized will have the complete answer on this as its a planning issue

 

Building Reg wise - no control although can always be looked at under dangerous structure legislation if it comes to it

 

in respect of ANY rented property - you MUST consult the landlord - the council in your case

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And be sure to let the Council Wallah know you will be asking him to enforce that rule over the whole area if he wont come to some sort of compromise, he might be reluctant to upset the status quo just to placate one busybody. :lol:

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IF it is the planning department who have taken issue over th fence there is guidance here:

 

http://www.planningp...nceswallsgates/

 

You will see there are exceptions and I'm drawn to the fact you have replaced something that is existing and if it were of similar height (photos to prove?) then you might get away with arguing it was to "maintain or improve".

 

The front/door back door issue is something of a red herring. More to the point is where any boundary(means of enclosure) fronts a highway and that includes paths, grass verges etc over which the public have right of pass. Without seeing the layout it is difficult to help further.

 

BUT.

Was the call from the Council estates/housing department as normally any phyisical changes to Council property require their consent as owners. That 'control' can be far more onerous so a bit more info needed to help further.

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Could you not just block out the gaps in the existing fencing?

 

Probably, if worst comes to worst this is the route I'll be taking.

 

She will still complain no doubt, she's batty, she keeps ringing the council saying we're having wild parties till all hours of the morning. My girlfriend has a 4 year old so this certainly isn't the case. Honestly, my street is a right shambles (It's literally like something out of shameless ), the sooner we move out the better really.

 

Getting a mortgage is going to require selling my Z and the Type R so I'm not super keen on that idea at the minute. Plus we've only been together a year so it's a bit early to be getting so heavily involved financially.

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IF it is the planning department who have taken issue over th fence there is guidance here:

 

http://www.planningp...nceswallsgates/

 

You will see there are exceptions and I'm drawn to the fact you have replaced something that is existing and if it were of similar height (photos to prove?) then you might get away with arguing it was to "maintain or improve".

 

The front/door back door issue is something of a red herring. More to the point is where any boundary(means of enclosure) fronts a highway and that includes paths, grass verges etc over which the public have right of pass. Without seeing the layout it is difficult to help further.

 

BUT.

Was the call from the Council estates/housing department as normally any phyisical changes to Council property require their consent as owners. That 'control' can be far more onerous so a bit more info needed to help further.

 

Cheers Ebized, it's not the planning department who's denied it, it's the council officer. Emma spoke to the housing officer today and they told her straight away it was not allowed. I'm pretty sure if someone comes out and looks over it they would change their mind as it's common sense really, the fence will improve the property and replace a broken old one. We are awaiting a call back from them so fingers crossed.

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Hopefully comon-sense will prevail for you from what you have described.

 

BTW, officers from the local planning authority are also a "council officers" (usually given the title of an enforcement officer), hence me covering both aspects ;)

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Don't get me started on planning the council and the parish council :wacko:

 

Played that game for 2 months recently.

 

So I will simply wish you luck and say keep at them as just because one officer says something it does not necessarily mean it is right!

 

Ebized has given me loads of advice on planning bits over the years as have others on here and not one of them has led me astray (yet ;) )

 

Good Luck :thumbs:

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If the existing fence is damaged can you not ask the council to replace it as it technically their fence ?

That could result in them wanting to replace it with a lower one though if the height is incorrect which could in turn mean they then have to do all the neighbors as well so not the outcome you may want.

Could cost the council a lot more money though which could help sway their decision if you explained this to them.

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If you have to get rid of the new fence just put up bamboo screening to block the holes. It's quite cheap, looks good, and you can cut it to the acceptable height level. We've used it to give us a bit more privacy in the passage next to our kitchen by making it a foot higher than the fence (see on the left of the pic below). :)

 

61963543b18ea3f920bfb3b5aed02097_zpsd3jzfuxy.jpg

Edited by sipar69
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Nonsence of the planning laws, looking at that pic above, is that technically the bamboo would be regarded as a means of enclosure that if more than 2 metres high needs planning permission.

 

But nothing to stop you growing shrubs/trees (i.e a hedge) on your side of the boundary that exceed 2 metres. :shrug:

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Ahhh.... the joys of planning issues! :bang:

 

When you save up enough money to buy a place of your own, consider moving to somewhere remote, away from near neighbours!

In my experience, they're generally one pain in the backside, and are one of the main reasons I've moved house so many times...

 

I'm here to stay now........... in the middle of nowhere land! :)

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Nonsence of the planning laws, looking at that pic above, is that technically the bamboo would be regarded as a means of enclosure that if more than 2 metres high needs planning permission.

 

But nothing to stop you growing shrubs/trees (i.e a hedge) on your side of the boundary that exceed 2 metres. :shrug:

 

But I guess he could use the screening up to the height of the existing fence as that would cover the holes?

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Ahhh.... the joys of planning issues! :bang:

 

When you save up enough money to buy a place of your own, consider moving to somewhere remote, away from near neighbours!

In my experience, they're generally one pain in the backside, and are one of the main reasons I've moved house so many times...

 

I'm here to stay now........... in the middle of nowhere land! :)

 

That's exactly what we're planning to do in a couple of years. Our neighbours are all perfectly decent people but the gardens are small and a lot of families with young kids have moved in to the area in recent years so it's quite rare to have a day when you can sit in the garden with complete peace and quiet. We're off to Hampshire and looking to find somewhere with a huge garden, preferably in a very small village or even better completely on its own. Can't wait. :)

Edited by sipar69
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Ahhh.... the joys of planning issues! :bang:

 

When you save up enough money to buy a place of your own, consider moving to somewhere remote, away from near neighbours!

In my experience, they're generally one pain in the backside, and are one of the main reasons I've moved house so many times...

 

I'm here to stay now........... in the middle of nowhere land! :)

 

That's exactly what we're planning to do in a couple of years. Our neighbours are all perfectly decent people but the gardens are small and a lot of families with young kids have moved in to the area in recent years so it's quite rare to have a day when you can sit in the garden with complete peace and quiet. We're off to Hampshire and looking to find somewhere with a huge garden, preferably in a very small village or even better completely on its own. Can't wait. :)

 

I can confirm .... he lives in the middle of no-where

 

I drove there once - its 20 ish miles outside of Carmarthen ....but took me nearly an hour to get to it :surrender::lol:

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Nonsence of the planning laws, looking at that pic above, is that technically the bamboo would be regarded as a means of enclosure that if more than 2 metres high needs planning permission.

 

But nothing to stop you growing shrubs/trees (i.e a hedge) on your side of the boundary that exceed 2 metres. :shrug:

 

But I guess he could use the screening up to the height of the existing fence as that would cover the holes?

 

I'm not 100% sure if the OP has put up a replacement fence or his own in parallel to the one with the holes in. If the existing fence is still there then yes, blocking the 'holes' should be perfectly OK. :thumbs:

 

Oh, and when moving always check the Local Authority Search carefully for 'added' restrictions that Local Planning Authorties can impose, including taking away normal permitted development rights (done for various reasons). All too often I found clients disappointed to find controls in place they had not anticipated or checked before purchase.

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Sounds perfect Ioneabe.

 

I was looking online at a house for sale in Hampshire yesterday - 16th century, thatched roof, two miles off the main road and bordered by nothing but National Trust land and an ancient wood. Not another house in sight. I'd move in tomorrow if I could :)

Edited by sipar69
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Sounds perfect Ioneabe.

 

I was looking online at a house for sale in Hampshire yesterday - 16th century, thatched roof, two miles off the main road and bordered by nothing but National Trust land and an ancient wood. Not another house in sight. I'd move in tomorrow if I could :)

Sounds fantastic. That's the best way to live imo if you can afford to. :teeth:;)

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