Help I’ve put a fence up and didn’t realise I needed permission

Freya85

We had a large area of land to the side of our property which was a nightmare to keep cutting the grass and one of our neighbours looks after dogs and when they come to pick them up they were walking the dogs on our land and fouling and not picking it up. Also the original fence ran over a manhole cover. We extended the fence out to the border but it is against a footpath and a road. (Were the land meets the road we set the fence back 2 feet) we have had a letter from the council telling us to remove it and reinstate where it was. It also says we could try to apply for permission but it would probably fail due to detracting from the original street scene and from a highway visibility aspect. I have walked around the estate and a lot of other houses have 2 metre high fences on the boundary against the paths. I just wondered if I did apply for permission would it be accepted. If not I was wondering if I could drop the level to 1 metre and still put hedging up as they have written the highway visability factor. We live at the end of a cul-de-sac and there’s a small turning circle around our boundary but no one can ever use it as cars are always parked there. 

EssexExile

Only your council can help. We have no idea what their attitude to such transgressions is. Speak to them, ask what is acceptable.

greatcrested

So the fence is not on the boundary and you've stolen some council-owned land?

I'm surprised they noticed, but having noticed, not surprised they've objected!

Are there any covenants associated with the deeds to your property eg restricting the height/type of boundary fence/hedge?

If you're not sure, read your Title deed (£3 here).

If not, then Planning law is all that applies. See

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

DevilDamo

@Freya85 You are asking if the Council would approve an application, but they have already provided you with a letter confirming an application would fail. So haven’t you really answered your own question?

Who owns the land to which you have now fenced around?

Homer_home

greatcrested said:

So the fence is not on the boundary and you've stolen some council-owned land?

I'm surprised they noticed, but having noticed, not surprised they've objected!

Are there any covenants associated with the deeds to your property eg restricting the height/type of boundary fence/hedge?

If you're not sure, read your Title deed (£3 here).

If not, then Planning law is all that applies. See

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

One of their neighbours dropped them in it no doubt 

Op- you've basically stolen land from the council and now they want it back, I suspect they would fail any planning permission on that point alone, your best bet is to reinstate the fence where it was or I would imagine this could get quite costly for you 

Davesnave

OP says the fence extends to the boundary, so it isn't clear at this stage that they have stolen anything, The council's objection seems to be the bad visibility and the detraction from the street scene of a fence bordering a road over 1m high, which will fail on planning grounds.

In any event, in the absence of photos/plans, this is a individual matter which may only be resolved in discussion with the council. What other people have done is largely irrelevant.

Winter's coming and then on-line bare root hedging will be available and cheaper than a fence!

Freya85

Thanks for your replies, the land is ours it’s on our title deeds it’s just that we have gone up to the pathway and I didn’t know that planning law states this should be no more than 1 metre high. I thought all fences had to be 1.8 metres. I am going to ring the council tomorrow, but thought it would be worth applying for permission before I have to take it all down. 

getmore4less

Check the planning applications for the plots.

if there is a road on corner there may have been designated sight lines that must be kept clear.

DevilDamo

Max. 1m high when adjacent to a highway or max. 2m elsewhere. Not sure where you got the 1.8m from?

I wonder if the LPA are also saying this area of land is deemed as an amenity/landscape area of which cannot be enclosed to form part of a private garden. I’ve had this on a project before even though the area of land in question was under my clients’ ownership. The LPA refused a change of use application.

mark55man

it seems to me you have nothing to lose by applying, especially if other nearby houses have done the same.

but be honest if its a bit of an eyesore - or stands out significantly you are probably on a loser

Davesnave

mark55man said:

it seems to me you have nothing to lose by applying, especially if other nearby houses have done the same.

Makes no difference. Indeed, adding to the situation is only going to exacerbate it.

Just because someone  slips under the radar with a planning restriction for long enough, doesn't mean that a neighbour with the same restriction could do likewise without enforcement.