Rear boundary fence

sos22

Hello, the rear boundary (wire) fence at my property abuts a school playing field.  The school is erecting a 2m high fence on their side of the boundary fence and infilling it with timber slats on the basis of  'safeguarding and security'.  Are they permitted to do this?  There has been no consultation.  The original boundary fence is being left in situ but the school will no longer be able to access it to maintain it.
Any thoughts or advise?  Can they simply erect a new 2m fence on their side of the boundary?
Who is responsible for maintaining a rear boundary?
Many thanks,
Sheila.

sos22

you can see the workman.  he is infilling the fence with timber slats.  It will look like the fence in the distance which separates the playing field from an alley way.

user1977

I don't see why not.

On whose land is the existing fence? The land owner is responsible for maintaining it (in the absence of any other agreement in the titles etc).

sos22

The existing boundary fence I'm guessing isn't on anyone's land per se as it is a boundary (perimeter) fence and I would imagine it is the responsibility of both landowners to maintain.  By erecting a second fence on their land on the other side of the original boundary fence, the school will no longer be able to access it.

ProDave

You could take the wire fence down and effectively gain a few inches of garden.

sos22

I could, but what i actually like is the openness and space that the wire fence provides rather than it being hemmed in and enclosed by a timber fence.  The original chain link fence has been in place for years but now the school is using 'safeguarding and security' as their reason for changing it.  The same way the phrase 'heath and safety' is bandied around without anyone really knowing what it means ....

Mac_70_

Looks like a tidy fence. 

user1977

sos22 said:

The existing boundary fence I'm guessing isn't on anyone's land per se as it is a boundary (perimeter) fence and I would imagine it is the responsibility of both landowners to maintain.

Your imagination isn't necessarily correct. It could well have been erected just over the legal boundary line, making it the school's sole responsibility (and for something like a fence going all the way around the school, I would guess that's likely to have been the intention).

Have you contacted the school?

Section62

sos22 said:

I could, but what i actually like is the openness and space that the wire fence provides rather than it being hemmed in and enclosed by a timber fence.  The original chain link fence has been in place for years but now the school is using 'safeguarding and security' as their reason for changing it.  The same way the phrase 'heath and safety' is bandied around without anyone really knowing what it means ....

But the brand new fence will look much nicer in their brochure.

More seriously, this apparent need for schools to have higher fences is recognised in The Town and Country Planning (General Permitted Development) (England) Order 2015 where (with some limitations) schools are specifically allowed a 2m fence as permitted development in cases (adjacent to the highway) where everyone else would be restricted to 1m.

See A.1(a)(i)

https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/2/crossheading/class-a-gates-fences-walls-etc/2017-04-06?view=plain

Although that provision isn't directly related to the situation at the rear of your property, it does indicate that TPTB regard the need for a higher fence to have some merit. (possibly only to stop balls and other objects being kicked/thrown out of the school grounds though?)

Mojisola

The decision to put up the new fence could have been prompted by OFSTED down-rating some schools because their current low fencing doesn't protect the site and the children. 
No-one has a right to a view - the school is entitled to put up a fence, either on the boundary or just inside, on their land. 

ic

You feel hemmed in in that garden?  Your garden runs all the way to the timber fence?  I can't make out a wire fence in that picture, unless you mean the one that is by the BBQ/house thing.