Pictures please or all of this talk is pointless, you're all talking about it without seeing it.
Front fence and enforcement notice
- Thread starter henry1
- Start date
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All makes sense but the council has nothing to lose either by taking this to court, even if they may lose. If I were in their shoes, I would do that to. Then it would be up to the judge to decide on your points above.
By the way, I did try to use the human rights argument in my appeal but obviously, it was for a different situation - a 2m high fence which didn't bother anyone.
Quite a few folks here are mentioning other possible restrictions. There are none. Many neighbours around have high fences over 1m high close to the road.
The council took issue only with my fence over 1m high adjacent to the road but wants everything brought down.
I think that is the old style of restrictive covenant. I think they arose before planning law existed - ie before 1948
Someone would sell off an adjacent plot of land and then impose a restrictive covenant on the buyer to prevent them doing something which would be adverse to them or the neighbors - like keeping pigs/chickens etc as you say.
I have seen one which says nothing higher than a bungalow can be built on the land (to maintain the view from properties higher up the hill) others where there is a plot of woodland but adjacent land owners (I'm one) own covenant over the land stating nothing can ever be built on it
As to enforcement - that is for the holders of the covenant to do not the council.
I have also heard it said that these old restrictive convents are not enforceable where their enforcement would contradict current planning law and permissions.
Thanks, I suspect there used to be a big piggy here as they have roads names as such, not that I want to keep pigs, and most people have sheds on the land anyway.
With the building and recent planning approval for tiny strips of land near here, I'm sure most of those restrictions are not enforceable, although the land with my rights of way, went over to the Queen in the 60's when the company who built the properties and owned the land went bust, as we had issues recently with all this infill building
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You cannot say their fences are higher than 1m, so I should be able to get away with it too, but you can complain that their fences are illegally high. Complain about them to your local councillor in writing.
Another tack, would be to involve the local press, to report how your local council is wasting public money pestering you and threatening you with court, over such a minor planning breach.
remember it used to be 4ft [1220mm]before it changed so may be pre change in regulations or even claimed as grandfather rights if property precedes the regs
although i am sure thats the point you are making
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The issue is not whether the council can or should enforce, that is settled - unless the OP intends to fight the enforcement on a point of law. Which he seems not inclined to do.
The issue is whether the whole fence is required to be removed, when part of it may be permitted development.
If part of the fence is permitted development, then that is permitted and can't be enforced against.
The enforcement order may be badly or incorrectly worded and could potentially be challenged.
The issue is whether the whole fence is required to be removed, when part of it may be permitted development.
If part of the fence is permitted development, then that is permitted and can't be enforced against.
The enforcement order may be badly or incorrectly worded and could potentially be challenged.
I'm really not bothered at all that their fence is high. I did think I could get away with mine being high too but it didn't work and this chapter is closed.
I don't wish to end up in the Daily Mail with a sad face next to my fence.
Well, enforcement is not settled. Settling it would mean complying fully with it, i.e. removing all of the fence.
The enforcement notice is quite clear (whole fence removed), just as the breach is quite clearly stated too (fence higher than 1m adj to highway).
Why won't you post a photo?
The council can't just take you to court because they have nothing to lose, they have to justify spending what can potentially be a large amount of the publics money to go to court not just do it because they fancy it.
They won't risk taking you to court in a matter where you've reduced the fence to permitted development as there's a reasonable chance a judge will say the fence is pd sod off and they've lost lawyers fee and potentially costs so they rarely do it unless there 100% confident of a win.
Suppose the main question is what's the point of this thread, if your not prepared to dig in against the council then you take it all down as you've been told, there isn't an inbetween
They won't risk taking you to court in a matter where you've reduced the fence to permitted development as there's a reasonable chance a judge will say the fence is pd sod off and they've lost lawyers fee and potentially costs so they rarely do it unless there 100% confident of a win.
Suppose the main question is what's the point of this thread, if your not prepared to dig in against the council then you take it all down as you've been told, there isn't an inbetween
I think the OP was just perhaps wanting sympathy..
Sympathy won't help me.
I wanted options and I've got some thanks to this thread and its contributors.
Let us know how it ends up.
I reckon, if it really is now permitted development, you'll receive a number of letters threatening court, however, no summons will materialise...
The council wastes money all the time. I have no idea of costs but it's just a fence, nothing too complicated. The council could always justify this by saying that the enforcement notice had not been complied with, etc...
I've got my options now and need to figure out the best way to proceed. It would make no sense to retain the fence, go to court, win and still have to pay £kkk to a solicitor (unless council will pay my costs if they lose?) when I could comply by taking down the fence, and put it back up again using the same material for less than a grand. There is also no risk with this option.
When I started this thread, I thought I would never be allowed to have any fence whatsoever!
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