Service strip fencing

michellemybelle

My neighbours just had an extension built and put a new fence up.  The fence does not show in the planning application.  

Original layout here


Now here’s photo with the new fence
Plan that was approved  . Does anyone think this is correct that they can put a fence where shrubs should be

r

Section62

michellemybelle said:

My neighbours just had an extension built and put a new fence up.  The fence does not show in the planning application.  

Original layout here


Now here’s photo with the new fence
Plan that was approved  . Does anyone think this is correct that they can put a fence where shrubs should be

I would say probably "no" - assuming they didn't apply for planning consent and/or there are covenants and planning conditions governing fencing that area. The development looks like it was designed on 'open plan' principles, so I would expect either covenants and/or planning conditions to be in place unless proven otherwise.

The plan shows a fence in a different position - although it is possible they submitted revised plans which were subsequently approved. If not, then the building work has been done otherwise than in accordance with the planning consent.

You can ask the council whether they have given consent, and check for covenants by downloading a copy of that property's deeds (for £3) from the land registry website.

user1977

Section62 said:

michellemybelle said:

My neighbours just had an extension built and put a new fence up.  The fence does not show in the planning application.  

Original layout here


Now here’s photo with the new fence
Plan that was approved  . Does anyone think this is correct that they can put a fence where shrubs should be

The plan shows a fence in a different position - although it is possible they submitted revised plans which were subsequently approved.

I can't see any such applications on the council's site.

sheramber

The plan  states the small trees were on the boundary,  so are they the householder's trees and shrubs in part of his garden?

theoretica

If there aren't any extra local restrictions or covenants then people may fence their property without planning permission, but fences which are along a road should be no more than 1m tall.  So even if they are permitted a fence, they may not be permitted that fence.

michellemybelle

The shrubs on the boundary are maintained by the householder of each house 
thanks for all the positive replies. Hopefully will put in a letter to the enforcement department 

TripleH

Is the fence on your neighbour's land only or has he encroached beyond his boundaries?

Sorry, not picked up if he has exceeded the land his property is on.

Are you thinking of selling in the near future?

ProDave

You don't need planning for a 2 metre high fence as long as it is not "adjacent to a highway"  That has been tested and if standing on the highway you cannot touch it, then it is not "adjacent"

But as that is block paving, I very much doubt that is a public highway rather a private shared access road.

It might break a covenant about fencing imposed by the developers when they built the estate?

But what is your gripe that you don't want this neighbour to have his garden enclosed so he can enjoy it in privacy?

If you complain and as a result the fence has to be taken down. expect a Leylandii hedge to replace it.  I know which I would prefer, that nice neat well constructed fence.

Section62

ProDave said:

You don't need planning for a 2 metre high fence as long as it is not "adjacent to a highway"  That has been tested and if standing on the highway you cannot touch it, then it is not "adjacent"

That isn't really correct.  The circumstances in which a 2m fence is permitted development are more restricted than that. There are specific planning conditions, and also the removal of permitted development rights to consider as well.

Also, I'm not sure that definition of "adjacent" is binding on local planning authorities - I know of cases where "adjacent" has been taken to be a distance much further than anyone could reach.

In this case the person definitely needed planning consent for the fence - and unless they obtained this the fence is unlawful.

ProDave said:

But as that is block paving, I very much doubt that is a public highway rather a private shared access road.

Even if private, a block paved road can still be a highway.  And for planning purposes when it comes to fences, the highway doesn't have to be maintained at public expense. It just needs to be a 'highway'.

In this case the road is definitely a highway, and therefore planning consent was required for the fence.

ProDave said:

It might break a covenant about fencing imposed by the developers when they built the estate?

That too.

ProDave said:

But what is your gripe that you don't want this neighbour to have his garden enclosed so he can enjoy it in privacy?

If you complain and as a result the fence has to be taken down. expect a Leylandii hedge to replace it.  I know which I would prefer, that nice neat well constructed fence.

The development is open plan, and the neighbour was given consent for a side extension, but with limits on the amount they could encroach onto the 'open' nature of the development.

Unless the planning authority agreed to a change in plans to include the fence (and it appears they didn't) then the fence is unlawful and the OP is entirely within their rights to complain to the planners.

What's the point of having planning controls if they just get ignored?

If you want an enclosed garden with privacy, best not to buy a house on an open plan development and assume you can just put up high fences around it.

ProDave

Section62 said:

If you want an enclosed garden with privacy, best not to buy a house on an open plan development and assume you can just put up high fences around it.

Absolutely.  That is why a modern open plan housing estate is the very last place I would look for a home.  But when I did live in such a development I had no issue with a neighbour across the road in a very similar situation who did move his fence to double the size of his enclosed garden.  It always struck me as bonkers that more than half his land was not enclosed and open for everybody's dog to empty itself on.  If he got away with moving his fence than fair game to him.  I also, with PP moved my rear fence to enclose all the land i owned and increase my garden by about 25%

But I am not a confrontational person and believe you should be able to do what you want with your garden.

Section62

ProDave said:

Section62 said:

If you want an enclosed garden with privacy, best not to buy a house on an open plan development and assume you can just put up high fences around it.

But I am not a confrontational person and believe you should be able to do what you want with your garden.

It isn't really about being confrontational.  Developments in different eras have different styles.  If one person unilaterally decides to change the style of their property it can have a negative impact on the cohesion of the area, and in a worst case look a complete eyesore.  Changing the 'look' of a neighbourhood can have an adverse impact on property values.

Hence we have a planning system which seeks to balance the desire of some people to 'do what they want' vs the impact it has on other people.

If you apply for planning consent to do one thing, and then do something different, it shouldn't be seen as 'confrontational' if neighbour(s) point out to the planning enforcement team that there are significant differences between the approved plan and what has been built.

It isn't fair, or very neighbourly, to carry out development that the planners wouldn't give consent to.