Planning permission rejected due to complaint in fence height

blueberrye

Bookworm105 said:

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

I didn't buy land it was part of the property from previous owner. 

The land isn't pavement it's a small patch of grass joined to the garden. You can't walk on it, a pavement can't be built out of it, it's very small. 

The reason why I'm not permitted the fence is there is visibility issue for cars. But it wouldn't be issue if no one complained as every other fence is higher in the area. 
I have already agreed to cutting the fence down where visibility is concerned but the back door being,1m is dangerous and very accessible. Any person will be able to walk into the garden. This worries me very much.

blueberrye

the_lunatic_is_in_my_head said:

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? 

What to do with the 1m door from being jumped over by dogs and criminals. 

blueberrye

Section62 said:

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?

The land is a small patch of land that no one can walk on, too small for a pavement to be built. The land has full rights to be built into a house from the paperwork I have, I don't understand how it can turn into a house but that's what it says on the paper work. 

I built fence around it as it got trashed with glass, poo, pee, litre and people dumping stuff. 

I had a meeting with environmental officer and we all agreed to reducing the fence only by visibility areas and the planning permission officer changed his mind to everything being reduced by 1m. 

The planning permission hasn't been officially refused. They want me to withdraw it if I do what they asked. If I don't like answer they said I can appeal and I've been told if I appeal I have a possibility of no fence.

LightFlare

blueberrye said:

the_lunatic_is_in_my_head said:

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? 

What to do with the 1m door from being jumped over by dogs and criminals. 

Contrary to “logic”, lower fences are actually more secure since there is less cover for anyone so inclined to try and enter your property.

Thieves and Burglars will target properties with high fences to provide cover and hopefully prevent them being seen breaking in