Bought house. Council asking for fence to be taken down

Section62

jojothefirst said:

Yes you are very right. The garden isnt big and is our only play space for the kids so dont want to take more of the space up with wide hedges. 
And simply cuting the fence to 1m high gives no privacy so the garden becomes unusual. 

Is their any other options! Only thing i can think of is to ask to build a 2m high brick wall which doesnt solve the issue with their perceived lack of visability at the  junction ( the fence does not not cause a issue..... The cars parked on the road do however.

Where do i stand with other houses in the near by streets having 1m+ high fences...... Can i use that somehow without making a complaint against them? 

A wall will be treated the same as a fence for planning purposes.

What people on other streets have done isn't really relevant.  Each case is assessed on it's own merits.  The letter from the planners gives you a very clear steer about how they would assess an application if you made one.

The most important thing is to avoid getting an enforcement notice... this should be your first priority.

jojothefirst

Section62 said:

jojothefirst said:

Yes you are very right. The garden isnt big and is our only play space for the kids so dont want to take more of the space up with wide hedges. 
And simply cuting the fence to 1m high gives no privacy so the garden becomes unusual. 

Is their any other options! Only thing i can think of is to ask to build a 2m high brick wall which doesnt solve the issue with their perceived lack of visability at the  junction ( the fence does not not cause a issue..... The cars parked on the road do however.

Where do i stand with other houses in the near by streets having 1m+ high fences...... Can i use that somehow without making a complaint against them? 

A wall will be treated the same as a fence for planning purposes.

What people on other streets have done isn't really relevant.  Each case is assessed on it's own merits.  The letter from the planners gives you a very clear steer about how they would assess an application if you made one.

The most important thing is to avoid getting an enforcement notice... this should be your first priority.

What happens if we get a enforcement notice? Would that make the house unsellable 

Ksw3

There was a similar thread recently that might give you an idea:

https://forums.moneysavingexpert.com/discussion/6363307/live-planning-enforcement-notice-current-owner-prosecuted-and-still-not-complied

Section62

jojothefirst said:

What happens if we get a enforcement notice? Would that make the house unsellable 

Not unsellable, but it could put off potential purchasers, more so if you still haven't complied with the notice.

Even after you've complied, the council doesn't have to withdraw the notice, and many times they are just left in place on an open-ended basis.

Ramouth

What about a 1m wall with 1m railings on top?  This would make the garden dog proof while still allowing some visibility.  A nice climbing rose would give some privacy over time.  Not a cheap solution but it might be a good compromise.

diystarter7

[Deleted User] said:

You aren't allowed to have a 2M hedge either. What you can have is a number of non-hedge plants that form a barrier. Small trees, something like that.

Do you mean conifers? I guess you allow them to grow to about 18 feet and then trim them to control around that height.

theoretica

The council have been very clear that you need to reduce the height of the fence/wall to 1m - and have the power to enforce that.  Looking at all the people out enjoying parks recently, I hope you can find a way to enjoy the garden without the privacy you had originally hoped for. As has been pointed out, planning permission applies to walls and fences - you may find growing a tall hedge is allowed.

Then there is the seller - can you prove they lied, or did they just not offer information? 

jimbog

Interesting that on 4 different timelines on Streetview the conifers are perfectly level. Could it be that the previous owners had a dispute with the council regarding it (declared on the TA6 form?) and had to keep on top of it as a result? 

Section62

jojothefirst said:

We bought a house at the end of last year which was totally renovated. It is a end terrace with a very small garden at the rear and a bigger garden to the side of the house which extends around 2m to the front of the house.

Just a thought, did the renovators leave the back garden screened off with a similar fence?  Is there a way of maximising this area as your 'private' garden?  If you needed more privacy here then you may have more luck getting consent from the council for something taller.

Also, the quote from the email from the council has a (sub?)heading "Fence".  Does that mean there were other points the planners have issues with?  You don't need to detail them on the thread, but if the renovators have done other things without the necessary consent(s) then it may impact on (a) the risk of planning/BC enforcement action and (b) what action (if any) you may want to take against the vendors.

Section62

jimbog said:

Interesting that on 4 different timelines on Streetview the conifers are perfectly level. Could it be that the previous owners had a dispute with the council regarding it (declared on the TA6 form?) and had to keep on top of it as a result? 

I mentioned this earlier in the thread - the way the hedge has been cut on the road side suggests there has been some kind of enforcement/dispute in the past.

If so, the council should have a record of it.