Planning permission rejected due to complaint in fence height

blueberrye

Me and my husband moved couple of years ago up North. 

The house came with additional land, and a 1.5m fence consisting of brick and iron railing on top. 

Due to consistent theft, rubbish, attacks after I had given birth we decided to block access to private land and extend fence height to 2m. Due to safety reasons. 

Got enforcement officer telling us that someone complained that they couldn't walk in our private land using it as a pavement. 

Applied for planning permission. 

Had meetings with several people and finally came to agreement that the front and part of the side will be reduced to 1m.

Then someone burnt part of our fence and I got a email stating the whole of it needs to be 1m, whilst I just came home with hemorrhage after giving birth to my second child. This fence story has been going on for several years now.

The fence is facing a back street - but I keep getting told it's a highway. It does not look like a main road, there's nothing but other fences and abandoned land next to it. We get bin collection from the back garden. All the fences are pretty much 2ms. The area is very rough murders take place here, fences get burnt, stolen, theft etc as it's a backstreet in a rough neighborhood. 

I spoke to a lawyer and the lawyer said he cannot understand why the fence needs to be reduced from the back as well - as I did try and meet halfway. 

Doozergirl

Public highway can mean a footpath.  1m is usually enforced to the front but it's less common at the back.   

Have you tried speaking to your local
councillor? Perhaps they can influence.  

blueberrye

Doozergirl said:

Public highway can mean a footpath.  1m is usually enforced to the front but it's less common at the back.   

Have you tried speaking to your local
councillor? Perhaps they can influence.  

Yes I emailed but I never got any response from him. 

Vitor

Can you move?

ThisIsWeird

What is their reasoning for a 1m max height fence - visibility for traffic? If so, would a see-through wire fence be acceptable at 2m?
When you increased the fence height to 2m, did you change it's construction? It was railing, so presumably see-through? Did it remain so when you increased it?
It had been 1.5m when you arrived, so this had presumably overcome Planning regs due to time duration of breach. Could it be returned to 1.5m, then? (No idea).
Any other options for security - CCTV, prickly bushes, etc?
Sounds absolutely hellish.
Def have a word with your local councillor. 

blueberrye

ThisIsWeird said:

What is their reasoning for a 1m max height fence - visibility for traffic? If so, would a see-through wire fence be acceptable at 2m?
When you increased the fence height to 2m, did you change it's construction? It was railing, so presumably see-through? Did it remain so when you increased it?
It had been 1.5m when you arrived, so this had presumably overcome Planning regs due to time duration of breach. Could it be returned to 1.5m, then? (No idea).
Any other options for security - CCTV, prickly bushes, etc?
Sounds absolutely hellish.
Def have a word with your local councillor. 

The reason for removal of fence is due a complaint stating people cannot use my land now garden as a pavement. 
The planning officer said he has to do something about it.

 And originally I was told I cannot have any fence, then we came to agreement to reduce visibility areas for drivers. Now the planning officer changed his mind and said reduce all of it to 1m. 

blueberrye

Vitor said:

Can you move?

I can't afford to move and even if I can eventually I still have to sort this issue out before I can sell the house.

Bookworm105

so you bought some land which, although delineated by existing 1.5m high fencing, had been "habitually" used by ANO as a "pavement" to and fro elsewhere?

Upon purchase of the land you sought to prevent ongoing access by raising the fence height.

What have the council said about the "pavement" having attained public right of way status by virtue of historic usage?

If they agree it does not have ROW status then it is yours to enclose, and I really don't understand why they are refusing the legally permitted max fence height for what appears to be your now increased size rear garden. 

BTW playing the emotive card re your health is irrelevant

Section62

blueberrye said:

ThisIsWeird said:

What is their reasoning for a 1m max height fence - visibility for traffic? If so, would a see-through wire fence be acceptable at 2m?
When you increased the fence height to 2m, did you change it's construction? It was railing, so presumably see-through? Did it remain so when you increased it?
It had been 1.5m when you arrived, so this had presumably overcome Planning regs due to time duration of breach. Could it be returned to 1.5m, then? (No idea).
Any other options for security - CCTV, prickly bushes, etc?
Sounds absolutely hellish.
Def have a word with your local councillor. 

The reason for removal of fence is due a complaint stating people cannot use my land now garden as a pavement.....

Do people have the right to use your land as a 'pavement'?  If so, exactly what right do they have?  Is it a 'public footpath' a path which crosses land (not necessarily near a road), or a 'footway' (a path usually alongside a road), or a 'service strip' (land next to a road used for underground services), or is it something else?

It sounds as though the council are treating the road as highway - which means you need planning consent for a fence higher than 1m if it is adjacent to the highway. (less than 1m might be permitted development).

If you applied for planning consent then the council has to give reasoned justification if they refuse the application - did they issue you with a formal "Decision Notice" giving their reasons?  If so, what did it say?

Has the council done anything in terms of putting you in touch with the ASB team, or neighbourhood policing?  In general councils don't mind fences being put up if it reduces ASB (including e.g. flytipping), so long as planning consent is given (if applicable).  The council ought to be trying to help you find an effective solution, not just saying 'no' to your proposal.

If your planning application was formally refused then you would have had the right of appeal which involves an independent inspector.  Did anything like that happen, or did the council suggest you withdrew the application instead?

Section62

Bookworm105 said:

...and I really don't understand why they are refusing the legally permitted max fence height for what appears to be your now increased size rear garden.

If the fence is adjacent to a highway then the maximum height under permitted development (if the property enjoys PD rights) would be 1m.

This isn't a "legally permitted" maximum as such - it is just the threshold below which permitted development rights (if they exist) can be used, rather than having to make a full application for planning consent.

the_lunatic_is_in_my_head

Put up a 1m wire fence and then plant some thorny hedging along it such as Hawthorn with some other faster growing hedging plants mixed in (copper beech is nice), keep it trimmed to 1.9m in height?