Breach of planning condition on front fence

Fairygirl48

Hi I recently erected a fence around all my boundaries but a neighbour who has been harassing me for few years reported the fence and it turns out I have a planning condition dating back to 1986 stating no wall, fence or shrub in front of front wall of any building. I now have been told it's anything frontal from my front door but my door is half down my drive to the side facing my drive and copse?? The authority state all sides and front are in breach though? Can any one advise please as the authority could not clarify what fences the condition covers due to front door where it is. Many thanks. P.S all the neighbours have this condition on planning also but wide variety of frontages. Authority state only take in context my row and how many fences or walls there are? I am detached but in a row of three and the only one with a fence. The annoying neighbour being one of them. I now have to apply for retrospective planning and no guarantee.. I have also been told the materials, design and size are a problem due to visual amenity of neighbourhood and my property. Any advice I would much  appreciate.

caprikid1

Is it a planning condition or a covenant ? Who is named in the covenant ? It could be the builder and now largely irrelevant, only the party named can enforce it.

Bradden

.. and if it is a condiiton on the planning then it shoukld be searchable on the councils website.

Fairygirl48

It seems on original plans now digitalised on the planning portal that a condition was put on the development in 1986. 

Fairygirl48

I have argued if it is frontage and anything frontal from my front door what that means if my door is on the side halfway up the drive facing my drive and copse of trees?

Fairygirl48

Condition was from Town and Country Planning 1990 and the authority to enable permission for developer to be granted permission to build the properties.

dimbo61

Sit and wait till someone from the council comes to your door and tells you which fences need to come down.
Ignore the neighbour 

caprikid1

dimbo61 said:

Sit and wait till someone from the council comes to your door and tells you which fences need to come down.
Ignore the neighbour 

This and they won't bother, even when they tell you chances are you can still ignore them.

Fairygirl48

Thank you for your help and replies, I had a letter from authorities and now looks like have to go for retrospective planning and confirmation of which fence is affected I can't find out until case officer returns in to the office after holiday leave!

Section62

Fairygirl48 said:

The authority state all sides and front are in breach though? Can any one advise please as the authority could not clarify what fences the condition covers due to front door where it is.

In planning terms the 'front' is usually the building line - which is the face of the wall nearest to the road (more complicated if you have roads on more than one side)

Is it possible the person you've spoken to is not aware your 'front door' is in the side of the property and is just giving generic (but incorrect) advice about not having things in front of your 'front door'?

Alternatively, a planning condition can specify points other than the building line, so it could place restrictions anywhere on your property.

Something else to consider is whether there is more than one breach occurring. For example the fence(s) at the front might breach the planning condition, and the ones at the side(s) (and rear?) are higher than allowed under permitted development. Also, permitted development rights could have been removed, requiring consent for any fences or walls.

If the council are asking you to take action then they need to be clear and specific what that action involves.  If you don't understand what they mean, go back to them and ask for clarification.  Make it clear you aren't asking just to be 'difficult' - you simply don't understand what they want and need to know so you can make the right changes.

Make sure you get things in writing, and make notes about any phone calls immediately after they take place. If the council takes enforcement action you do have a right of appeal, and having your own notes and copies of documentation in order will be important if you want to win.

And definitely don't ignore them - the issue won't go away on its own.

Fairygirl48

Thank you very much.. very helpful. Letter worded as breach of front fence, condition terminology states no wall,fence or shrub placed, constructed or planted in front of front wall of any building or the flank wall of a dwelling at the junction of two roads and/or footpaths without prior consent.. spoke to a lady just now and she states in front of front door anything you see frontal to the pathway but I stated had side door and front door did not face pathway. She said best to speak to case officer to find out what part she meant. Surely would of been noted in case file from site visit. They don't make it easy for people. They say they don't entertain malicious complaints but it's our neighbour who has been harassing us that made the complaint to spite us.