Do local planning departments come and meet with neighbours over a disputed fence?

puddy

We have asked our neighbour to lower his fence due to it being over 2m. It is attached to our wall which was agreed before we knew the height it was going to be.

He has stated that he wants to get a meeting between us and planning to work out what is allowed etc. (although we have said that the limit is 2m)

We agreed and he said he would organise this but thinking it through now, would planners do this? We certainly dont want to pay for this and wont they just say 'its over 2m, you have to seek permission'?

asbokid

puddy wrote: »

We have asked our neighbour to lower his fence due to it being over 2m. It is attached to our wall which was agreed before we knew the height it was going to be.

He has stated that he wants to get a meeting between us and planning to work out what is allowed etc. (although we have said that the limit is 2m)

We agreed and he said he would organise this but thinking it through now, would planners do this? We certainly dont want to pay for this and wont they just say 'its over 2m, you have to seek permission'?

So long as you are not in a Conservation Area, and as long the fence is not in the curtilage of a Listed Building, and there are no restrictive covenants on the property, then Permitted Development Rights allow a householder to erect a fence without the need for Planning Permission.

PDRs allow a householder to erect a 2 metre high fence or wall where the fence is not abutting the public highway, or a 1 metre high fence if it is.

How high is his fence? Why do you object to it? Why does he want to build it in front of your wall? What material is your wall constructed with? Is it in a bad state? Could you offer to repair the wall or rejuvenate it instead, if that is his complaint? Is the wall subject to the provisions of the Party Wall Etc. Act ? Is your neighbour worried about his share of the potential repair bill of the wall? Is he trying to shirk responsibility by building his own divide?

Don't forget that if he wants to be awkward, he can, without needing any permission from you or the Planning Department, plant a row of Leylandii trees which could grow to 60 feet. These would make your house and garden darker than the deepest caves at Wookey Hole.

Try to stay on civil terms with him.

puddy

its 2.2m which may sound not much over, but the sun comes from that side of the garden so it has caused extra shade in our garden. we will obviously have to accept its height, should planning be agreed, but his plan to ask planning to come and sit down with us all and talk about what is allowed has made me wonder if we have to pay for this. we have informed them of the legal limit already. would planning do anything like this anyway?

asbokid

puddy wrote: »

its 2.2m which may sound not much over, but the sun comes from that side of the garden so it has caused extra shade in our garden. we will obviously have to accept its height, should planning be agreed, but his plan to ask planning to come and sit down with us all and talk about what is allowed has made me wonder if we have to pay for this. we have informed them of the legal limit already. would planning do anything like this anyway?

I don't think it's national policy yet, but the local council's planning department is now charging for pre-application planning advice. Presumably, your neighbour, as the applicant, would have to foot the bill for this.

http://www.pas.gov.uk/pas/core/page.do?pageId=111323

Where did you measure that 2.2m? From your side? Is the ground at a lower level than his side? What does your neighbour gain from having a fence that is just 20cm higher than permitted?

puddy

asbokid wrote: »

I don't think it's national policy yet, but the local council's planning department is now charging for pre-application planning advice. Presumably, your neighbour, as the applicant, would have to foot the bill for this.

http://www.pas.gov.uk/pas/core/page.do?pageId=111323

Where did you measure that 2.2m? From your side? Is the ground at a lower level than his side? What does your neighbour gain from having a fence that is just 20cm higher than permitted?

yes its measured from our side, but its unlikely to be different their side. we are on a flat road and she built it on new paving that she has just put down so an inch at the most higher than the natural ground

asbokid

Even if the pre-application planning advice is free, the application to erect a fence will cost at least £170. Could you persuade your neighbour that the money would be better spent improving the existing wall between you?

puddy

theres nothing wrong with the wall, its solid and substantial. there would have been nothing wrong with their fence if it was shorter. he says he doesnt want anymore money spent on the fence because it was expensive, i wondered if he means that he hopes that planning would visit and talk to us and say it was ok and therefore he doesnt have to change it

Mojisola

Has 20cm really made that much difference to the sunlight in your garden?

puddy

yes, its north facing and every bit of light is vital. there was no fence there at all, just our wall which was probably about 6 high, so its now 7 foot 4, if it could be 6.6 then it would be better. the sun sets in the direction of the fence so we used to be able to see the setting sun, now it cuts off

milliebear00001

20cm seems very insignificant an amount to create a neighbour dispute and possible hindrance to any future sale of your property...

asbokid

milliebear00001 wrote: »

20cm seems very insignificant an amount to create a neighbour dispute and possible hindrance to any future sale of your property...

The argument is not over 20cm, but 40cm, since the existing wall is not even two metres high.

It's an understandable grievance from the OP's perspective. Yet the neighbour values his minimal gain in privacy to be worth more than the OP's enjoyment of the sun.

So the neighbour has already bought the fence?

It's doubtful he will involve the Council. What would be the point?