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

aliballi

asbokid wrote: »

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?

12 inches is 30cm so 10 inches can't be 40cm.

Back to annoyance is their a way the fence could be staggered, perhaps closest to house, to allow for light.

Neighbour should have planning permission for fence over certain height, as above. But also no one has the right to light/sunshine & what could happen is neighbour takes down fence & instead plants some nasty fast growing plants, which very soon are taller than the fence they took down.

milliebear00001

asbokid wrote: »

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?

But the point remains that the extra height would need to be substantial in order to risk any future sale of the property. The argument over light could cost thousands down the line, and there is rarely any satisfactory outcome to neighbour disputes like this.

Mojisola

aliballi wrote: »

Neighbour should have planning permission for fence over certain height, as above. But also no one has the right to light/sunshine & what could happen is neighbour takes down fence & instead plants some nasty fast growing plants, which very soon are taller than the fence they took down.

I think this is certainly a risk.

puddy - is your neighbour likely to take this action if you force him to reduce the height of his fence? You could end up losing a lot more light.

puddy

we wouldnt take civil action regarding the loss of light, it doesnt meet the criteria for that anyway

i keep looking at it and trying to feel i could live with it, but its so imposing, these gardens are only 25' wide anyway so not big.

i agree, i am trying to get to a point where i feel i could tolerate it, but its so big and dark!

puddy

asbokid wrote: »

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

i dont know really thats why i wondered if this is their remit and the likely charge for it. we wont pay anything towards this anyway

Mojisola

Have you asked him round to see the effect the fence has had on your garden? If not, ask him to come round at the time of day when it affects you most. If he sees it from your point of view, you may change his mind.

Mojisola

From the details given on your other thread - https://forums.moneysavingexpert.com/discussion/3149438 - it sounds as if you're building up to a long-running neighbour dispute -

"well the neighbour now says that because the boundary that we are discussing is our boundary in the deeds, we are responsible for the cost of the upkeep of their fence!! (ie, they want the money for changing it from bamboo to solid and presumably any cost of changing it back or cutting it down) we have a boundary brick wall which she asked permission last year to affix the fence to (the bamboo one), wish i hadnt given permission now.

on a serious note, i hope that the weight of the solid fence isnt going to damage the wall"

You could say to the neighbour that, as the fence is higher than it should be, you are withdrawing the permission to fix it to your wall and ask them to remove it.

You have no responsibility for the money they have spent on it.

asbokid

aliballi wrote: »

12 inches is 30cm so 10 inches can't be 40cm.

The new fence has added 16 inches, not 12 inches nor 10 inches to the height of the boundary wall.

puddy wrote: »

our wall which was probably about 6 high, so its now 7 foot 4

In metric, the wall was 183cm but the new fence is 223cm.

So 40cm taller that the existing wall, and 23cm taller than the maximum allowed under Permitted Development Rights

aliballi wrote: »

no one has the right to light/sunshine

Homeowners can have a prescriptive right to light in common law, but it won't apply to a garden.

The Planning Policy Guidance Notes have a reference to the Council "paying full regard to" a householder's enjoyment of light when determining an application, but it's only guidance and has little to no bearing in law.

davidjames1701

I've had experience of similar, 6ft/2m seems to be the height in our area you can erect a fence without permission, and trellis and poss climbing plants don't count, it's what he could add, I shuddered when I thought about leylandi as well, they should be banned!

When checking up on mine, Party Wall act was mentioned, but if it's your boundary, you have a advantage, I'd back up any requests to lower the fence with a typed letter by registered delivery, shows your serious, check your boundaries with deeds or land registry, you may have a case for loss of light, our fencing contractor had loads of stories of boundary disputes, so it's not uncommon, if it's a higher fence than your wall, in effect the fence could act like a sail in high winds, pull your wall over, or damage it, as it broke free, your wall would be better in wind if it where higher, bet you can withdraw permission, threaten to get a court order if he's broken any laws or local guidelines? could focus minds?
You have to be brave and firm in boundary disputes, brings out different sides of people.
Good luck

jcb208

I had a similar situation with a neighbour who had a consevatory installed which blocked the sun off part of our patio earlier in the evening then before.The roof is proberbly 4 ft high then the existing fence .As the sun gets higher in the spring its not so bad but I have just learnt to live with it