planning permission
 

I have been told by my council that i have to take down my 5ft fence because i dont have planning permission,due to my back garden(my only garden)boundary wall being next to a public footpath/road,so i phoned up the council explaning that i am a h/a tenant and the fence that i have put up is behind the wall inside my garden ,the council has told me i have 28 days to take it down,and that the max height that i can have the boundary wall/fence is 1m,well my garden is very small and i have a german shepard dog so a 1m wall/fence isnt high enough,my h/a has told me that they wont have anything to do with it but have said that i can apply myself at the cost of £135 to me,now i also have to pay for someone to come up with some drawings for me at more expence,its just a 5ft high panel fence by 20ft long it doesnt cause no-one any problems,so why are the council and h/a making me pay so much money,for a fence for my tiny back garden that just happens to be next to a road and theres only 1 road in my village

Re: planning permission
 

Re: planning permission
 

but at the end of the day it is there property and when i move out its there house value that goes up not mine

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Re: planning permission
 

will i actually own the rights to the planning even when i move out?

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Re: planning permission
 

One thing you can do is to plant bushes of any height you like, 12 foot laylandii are perfectly legal, a 4ft fence isn't.

I know how you feel as i went through similar thing myself. We wanted to put a fence up to make a part of our back garden private and secure for Siobhan to play in. The fence would only be 4'6 high but as our garden is raised by 18" it would make it 6 foot from the pavement. In the end I did get permission for a fence but it had to be 2 metres back from the pavement. The daft bit is that they said I could have a 6' fence there so now its over 7 foot high from the pavement! The 2 meter gap I filled with chippings which one of the neighbours is complaining about as the odd kid that walks past our house tend to pick a few up and chuck them at his window :D

I swear that our planning dept are thick as two short ones. Thsi was the second incident I had with them

One question though, have you thought of asking the RSPCA to come and inspect your garden? IIRC they will advise if it isn't secure enough for your dog so you could actually get a report from them saying that you NEED that fence to comply with the legal aspect of owning your dog.

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Is it not service land 1m in from the footpath? If it is you cant even plant a tree on it.

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Technically if theres already a wall, the wall is the boundry and therefore your fence is an internal fence.
For example if you raised the level of the wall to 6ft 6inch or 2 metres it wouldn't be the fence they'd say you had to take down is it. now logically you can't have two boundry fences. Same with entwisi, if you now put up a one metre high fence and moved your fence one metrw from the boundary and made a path between, how can that be a boundary fence.
You need to make sure of course because they no doubt have already made their minds up.
Someone must have also complained. some people need to get a life.
I think you'll end up taking it down or you'll get fined and charged for them taking it down.



http://dictionary.reference.com/search?q=boundary

Re: planning permission
 

No it's nothing to do with that, this land is already walled and the 1 metre boundry wall limit applies to all property, regardless of property specific planning clauses.
Some properties can't even have a hedge or tree.

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when i moved in last oct the h/a knew i had a gs dog,there was a 8ft fence or what was left of it already behind the boundary wall we then used the fence posts that were already concreted in to put our fence panels up against,there is actually as gap between the panel fence and the boundary wall but it is small,the boundary wall isnt even 1m high its just over 1ft high,its just annoying that its so much to go through for a fence,ive never heard of needing plan perm for a fence before,i asked if i could put up some hedges and have the fence as a partition but the council said i cant do that either

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If the original fence was there for more than 7 years it becomes perfectly legal for you to replace it with your new panels. you need to play the 'prove it wasn't' approach.

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i will have to ask the neighbours how long the fence had been there for,i never knew that thanks

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they can't stop you putting that fence anywhere else other than on the boundary unless you are in a conservation are, and as entwisi has pointed out a hedge requires no permission. the info is all on the net.
I thought it was 5 yrs to get automatic planning permission entwisi.
i'm sure the neighbours will say its been there for as long as required jackyalex, just remember you say it was, they need to be able to prove it wasn't if you've got neighbours who say it was.

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i was told that i can put up a hedge but i cant put the fence up behind it in out garden she said because the hedge will be classed as a boundary and that the fence will still be classed as a boundary,i know im going to have to put in for plan perm but its the paperwork thats confusing and the plans that i need to get drawn up i only had 28 days i dont even know where im suppose to start,ive asked the council to give me some idea about where i can get plans drawn up and help with filling out the paperwork but they said they cant help me,and the h/a said that they arnt getting involved,so does anyone know who draws plans,or can i do it myself

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Re: planning permission
 

Jackyalex, PM me with your number as I can certainly tell you who did our plans etc.

Ours was quite involved as we were changing teh drive, putting in a conservatory and some other work as well. IIRC it cost £400 for teh plans plus 135 for teh council application

Re: planning permission
 

No but you have a right to put a fence up thats 2 metres high on any boundary and anywhere inside your garden that doesn't form a boundary with a public highway. Saying that the wall will be a boundary, the hedge will be a boundary and a fence inside the hedge a boundary is idiotic and not true, you can not have more than one boundary, the boundary is the line at the edge of a property. Grow the hedge and then put the fence up, nobody will even know it's there.

My ex inlaws have had a massive conservatory built and they didn't need planning permission. I'm not convinced on that one, as I thought a conservatory was classed as an extension.

An extension needs permision willow, but I doubt you'd have stopped it, loss of view is a reason to stop it, design is, but just because you can see it is not. I've objected to a three story house being built opposite these three story flats, they'll be able to see right in, Ithey still got permision. Dread to think what they'll make of the bloke upstairs watching his porn films or me wlaking round half naked.

Re: planning permission
 

Just been down and enquired, a hedge is not a boundary, it's a boundary treatment. it's not a aboundary fence that can't be over 1 metre, it's a fence next to a highway, so the end of a dividing fence could be covered by this, say the bottom of two back gardens both end with a road going across them, the bottom fence and the last two metres of dividing fence can't be over a metre high.

On the plus side, it's four years here so may be dour there. If it's been up four years and that sounds likely you don't need permision. You'd have to prove it with witnesses and preferably photographs, but Maybe witnesses will be enough.
The planning department will have had to have recieved a complaint to do this so don't think they are against you. I'd confirm the time in yrs first 4 5 or 7, then check with neighbours see if you can get anyone to write to say it was there, height and roughly how long in years it's been there. also contact the people who put up the new fence, they will confirm that there was an old fence.

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Yes .

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thanks entwisi for the offer but ive just found out on the net that at newcastle uni they have students that help out and they have a charity to help with costs of plan perm they pay for some or most of the plan perm if you earn under £400 pw,they also do the plans for you so im gonna give them a try to see if they can help,im gonna phone them tommorrow and see what they say,i appreciate the offer though jacky

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yes they do willow which is why I said check, you'll find that the basics are the same all over though, i've got the gov books here, the main differences are conservation areas and planning conditions/covenants.
I know a fair bit because I've commented on several planning applications in the past,also used to go to council meetings, and i'm interested in things related to planning.