Bought house. Council asking for fence to be taken down

jojothefirst

markin said:

I would start by getting Highway on side by cutting the corner by a meter or 2, Whatever would make them happy, but probably setting back the entire fence a meter, but then the is the 'not in keeping with the area' problem. 

Thanks for the suggestions.
Setting back the fence means losing a big chunk of a already small garden and would be a huge amount of hassle without a guarantee of solving the whole problem. 

comeandgo

Your boundary is on a sight line which has been deemed to be required to give drivers and pedestrians the best possible view of a junction so it is a safety issue and you are still determined to block this required view.  Yes you will be required to take them down.

theoretica

jojothefirst said:

Section62 said:

jojothefirst said:

deannagone said:

Why do you think they can't do anything about trees?  Of course they can.  As has been pointed out here, they may already have done something about the hedge that was previously in your side garden.

I mean they cant do anything about me planting trees right?

The potential issue with the trees that were there before is that they were overgrown.

They can, potentially - that was the point I made earlier about why a fence is not better than the hedge from the highways perspective.

If you have trees or a hedge which overhangs the highway, or obstructs or interferes with the view of drivers of vehicles, then the council can serve notice on you to get them cut back.

I understand that if it over hangs then it becomes a issue. I am asking it there is anything at all stopping me planting them in the first instance. Am i right in thinking that as long the tree is on my land, there is nothing the council or highways can do.

There is less that council or highways can do - but not nothing.  They can require sight lines at the junction if they consider it important enough.  'High hedges' usually applies between properties, but might be invoked - and the previous trees did look to be cut back in height as well as no overhang, so this might have happened in the past. 

markin

jojothefirst said:

markin said:

I would start by getting Highway on side by cutting the corner by a meter or 2, Whatever would make them happy, but probably setting back the entire fence a meter, but then the is the 'not in keeping with the area' problem. 

Thanks for the suggestions.
Setting back the fence means losing a big chunk of a already small garden and would be a huge amount of hassle without a guarantee of solving the whole problem. 

I meant submit it for planning not just doing it, But sound out the planners before wasting money on getting plans drawn up or submitting it. I do like the idea of a wall with railing on top and then a hedge planted later.

deannagone

Remember its not just overhang that is an issue, height is just as important.  Not quite sure how you can't see this in the council's letter or the replies made here lol? Councils can and do make orders to have people reduce the height of trees and hedges (as well as fences) even though it takes them time to do it.  And they are clearly aware there is a problem at your property.  I suspect (have said this already) there was a problem with the trees as well, in the past.  

Section62

jojothefirst said:

Section62 said:

jojothefirst said:

deannagone said:

Why do you think they can't do anything about trees?  Of course they can.  As has been pointed out here, they may already have done something about the hedge that was previously in your side garden.

I mean they cant do anything about me planting trees right?

The potential issue with the trees that were there before is that they were overgrown.

They can, potentially - that was the point I made earlier about why a fence is not better than the hedge from the highways perspective.

If you have trees or a hedge which overhangs the highway, or obstructs or interferes with the view of drivers of vehicles, then the council can serve notice on you to get them cut back.

I understand that if it over hangs then it becomes a issue. I am asking it there is anything at all stopping me planting them in the first instance. Am i right in thinking that as long the tree is on my land, there is nothing the council or highways can do.

No, unfortunately your thinking is wrong.  Whilst they can't stop you planting them (unless there is a planning condition) they can do something once the trees/hedge become a problem.  See the text I've now bolded in my reply you quoted.  With hedges/trees on land adjacent to a highway (like yours) it is possible for action to be taken in cases of overhang or where they obstruct/interfere with the view of drivers.

Section62

deannagone said:

Remember its not just overhang that is an issue, height is just as important.  Not quite sure how you can't see this in the council's letter or the replies made here lol? Councils can and do make orders to have people reduce the height of trees and hedges (as well as fences) even though it takes them time to do it.  And they are clearly aware there is a problem at your property.  I suspect (have said this already) there was a problem with the trees as well, in the past.  

The council could cut the trees themselves on the 15th day from service of an (unappealed) S154 notice, if they take that route.

Slinky

Section62 said:

deannagone said:

Remember its not just overhang that is an issue, height is just as important.  Not quite sure how you can't see this in the council's letter or the replies made here lol? Councils can and do make orders to have people reduce the height of trees and hedges (as well as fences) even though it takes them time to do it.  And they are clearly aware there is a problem at your property.  I suspect (have said this already) there was a problem with the trees as well, in the past.  

The council could cut the trees themselves on the 15th day from service of an (unappealed) S154 notice, if they take that route.

I think I'm right in thinking that the council would also bill the householder for their work also? I doubt that would come cheap.

Section62

Slinky said:

I think I'm right in thinking that the council would also bill the householder for their work also? I doubt that would come cheap.

Yes, the council can "recover the expenses reasonably incurred by them" if they do the work in default.  In my experience that will be the cost of the contractor plus a whole lot of admin to cover backsides before the contractor sets foot on the landowner's property.

It would usually be much cheaper to get the work done yourself once the notice is served (if not before).