Council Says Planning Permission Required For Existing Fence With New Panels

CIM

anotherbigspender wrote:

Your friend could:

1. Apply for planning permission - they have a strong case as A fence, but not THE fence, has been in situ for many years. Its more of a red tape exercise.

Thanks, I just had a look to try and work out how much planning permission costs - seems to be £135 is the standard Private Dwelling Fee for such things.

Not exactly moneysaving but perhaps compared to ripping good fence panels down it might be the best option for him. I can't see how it would be turned down but what do I know...

anotherbigspender

CIM wrote:

Thanks, I just had a look to try and work out how much planning permission costs - seems to be £135 is the standard Private Dwelling Fee for such things.

Not exactly moneysaving but perhaps compared to ripping good fence panels down it might be the best option for him. I can't see how it would be turned down but what do I know...

Yeah, £135 and an hour in front of the computer and the 'problem' should go away.

It'd be a brave planning officer who wanted to refuse that application.

buglawton

And needless to say, you have already asked the Council to point you to where the regulation is that prevents you from repairing an existing structure with parts of identical design and material. I don't believe such legislation exists until I see it black on white.

adr0ck

thats planners for you!!!!

i would forget about it

until they issue you with an enforcement notice

do you have a dog or small children?

if so if they force you to remove your fence panels they will need to provide insurance for you incase your dog attacks someone, gets run over etc...or something happens to your children

i think in this instance they would be breaking the law by getting you to remove a fence that you have had for 13 years

seven-day-weekend

Another way round this is to replace the fence with panels that are within the one-metre Permitted Development height limit for a fence in this position.

It's because it is a NEW fence (and also probably that someone has complained) that this has arisen. It is in breach of Planning Law and in some way, either by obtaining planning permission, or by lowering it to the pd height, must be regularised.

As someone else said, the Planners and Enforcement Officers do not make the rules but are duty bound to enforce them. And believe me, they won't have gone out looking for trouble, they do not have the time or the resources.

Almost certainnly a local resident has reported the fence and then the complaint has to be investigated and acted upon.

I worked in Planning Enforcement for several years and fences are one of the things complained about most.

Richard_Webster

Are you thinking of selling in the near future?

If not I find it difficult to believe that the Council would actually take enforcement action over a point like that. If you can prove when the work was done and wait for 4 years then if no action is taken by the Council during that time you will be home and dry. If you want to sell in that time then you might have a problem.

I am a solicitor and I used to work for a Council. We often had situations where people complained about a breach of planning by a neighbour (usually as a way of getting at someone they had some other gripe about) and the Council then suggested to the person who had committed the breach that they applied for permission. The idea was that if they got their permission the Council would have gone all through the process and found no planning reason to refuse it and then that would shut the moaning neighbour up!

It is true that unfortunately some neighbours make a fuss and it it is then difficult for the Council not to be seen to be enforcing the law even though privately the Council officers might concede they had better things to do!

Steedandpeelcats

I never knew there were so many of us planners on MSE, although it seems we're considered worse than estate agents. I don't work in that particular area of planning, but I would assume that a complaint had been made, as it would be unusual for a planner to bother with something like this, it's not as if they don't have enough else to deal with. I agree with the advice, go for planning permission which will probably be granted.

anotherbigspender

SteedandPeelcats wrote:

I never knew there were so many of us planners on MSE, although it seems we're considered worse than estate agents

Only the ones that work for Local Authorities!

Steedandpeelcats

True, but they're the ones that the public come into contact with. They think all we do is tell them they can't have a new extension etc. or that greenfield and greenbelt are the same thing (my personal pet hate)! I wouldn't like to work for a local authority at all, I get enough strange looks from people when I say I'm a planner...I wouldn't have this trouble if I were an architect!

seven-day-weekend

I also found it was a conversation stopper when I said I worked in Town Planning....especially when I said I worked in Enforcement!!

After a while I just used to say I was a Local Government Officer (that went down like a lead balloon too, but not as much as working in Planning Enforcement).

To the OP, apply for planning permission; it will almost certainly be granted, or lower the fence.