Fence and hedge killer council cash combatting combo

[tataylor1]

Hello Gents

Can anyone advise me on the following please?

The council have all but refused my erecting of a 6foot fence at the side of my garden as it is adjacent to the highway and I dont want to pay a fee to have it confirmed.

I'm now looking at putting hedges in and putting a fence my side of these hedges. Whilst I will enjoy watching the hedges get taller than the fence ever would have been, I am concerned that there could be an issue with the new fence still being close to the pavement. Although it wont be "adjacent" to the highway, as the hedge will be and the fence will be adjacent to the hedge.

Can anyone see a problem here with the council?

Cheers all.

 

[footprints]

I suspect the issue is one of impaired visibility if so they may well compel you to keep the hedge to a certain hight.

Try this site http://www.gardenlaw.co.uk/phpBB2/index.php

It might help,
footprints

 

[tataylor1]

ah cheers hadn't seen that site before. will read through it over the weekend.

they have claimed negatively impacting the visual appearance of the street to be the reason but I'll look through that forum for tips.

Thanks!

 

[^woody^]

"Adjacent" is at least 2m from the edge of the footpath

I don't think that anyone can be compelled to trim vegetation next to a highway due to visibility issues

 

[footprints]

They can certainly refuse permission for a dropped kerb if visibility does not meet their criteria, hedges or fencing that are blocking the view would no doubt be taken into account.

 

[^woody^]

What has a dropped kerb got to do with anything?

 

[footprints]

Hi ^woody^,
My point is simply that councils can influence what you do on your property if there is a safety issue, they can also serve notice that hedges trees etc must be cut back if the hang over and restrict public footpaths, a neighbour of ours has experienced this just recently.
Our local police officer is currently contacting another resident to try to resolve a problem without any heavy handed action after other residents raised safety concerns over hedges on a local bend.

As far as the posters situation, it seems that it's more a case of aesthetics with a high fence looking out of place, there may well be restrictions in the title plans that control the hight of fences etc as is the case on many new build estates that cannot put up fences at the front of the property. We do't know, however I do know that once the council gets the bit between it's teeth on an issue it will use every rule it can to get it's way.
Oh! that is unless you happen to be someone with influence in the town hall

Regards,
footprints

 

[^woody^]

My point is simply that councils can influence what you do on your property if there is a safety issue,

No they can't.

A landowner must contravene a specific law, and it must be one which the council has power to enforce

Growing vegetation does not contravene any law, unless its say marijuana.

The normal law of property will apply to boundaries - eg the right to cut overhanging branches back to the property boundary, and the council's or Police's duty to maintain passage along a public highway can be used to deal with overgrowth, but that duty and right finishes at the property boundary

 

[planningjungle]

Hi tataylor1,

I'm now looking at putting hedges in and putting a fence my side of these hedges. Whilst I will enjoy watching the hedges get taller than the fence ever would have been, I am concerned that there could be an issue with the new fence still being close to the pavement. Although it wont be "adjacent" to the highway, as the hedge will be and the fence will be adjacent to the hedge.

In planning, the term "adjacent" can definitely include fences, walls, etc, that are close to a highway, rather than just ones that are directly touching the highway. So, for example, if you have something directly along the boundary (e.g. a hedge, wall, etc), and then something else behind that (e.g. a fence, second wall, etc), then the latter can still be "adjacent" to the highway.

Then means that, for the situation that you've described, the new fence would probably still be subject to the 1m height limit, even though there would be a hedge in between the fence and the highway.

Thanks,
Steve

 

[mattylad]

Try asking over on gardenlaw, there have often been people wanting to do this and a hedge then a fence may not contravene as it is no longer adjacent to the highway.

 

[tataylor1]

thanks all for your replies! i will look on gardenlaw also and try to wrap my head around it. The vagueness of adjacent seems to be the problem as people give me different explanations and the council also wont give me a black and white response, saying it depends on the road and other elements, as the fence/hedge progresses along. They also charge for advice now as well as planning applications!
I'll go with the 'within a mete' judgement as this is the most common view.

I think I'll put a nice looking hedge up with a shorter fence behind it and argue any points if anyone comes a knocking. If you can barely see the fence through the hedge then there's no aesthetic problem and if the hedge is taller than the fence then there's no view problem.

 

[tataylor1]

My point is simply that councils can influence what you do on your property if there is a safety issue,

No they can't.

A landowner must contravene a specific law, and it must be one which the council has power to enforce

Growing vegetation does not contravene any law, unless its say marijuana.

The normal law of property will apply to boundaries - eg the right to cut overhanging branches back to the property boundary, and the council's or Police's duty to maintain passage along a public highway can be used to deal with overgrowth, but that duty and right finishes at the property boundary

made a note of this to strengthen my argument! ta