Can someone confirm if this info is correct please

[rpjjuk]

Hi everyone. Would someone be able to give me advice about a problem I have with my neighbour please.

Two workmen turned up at my neighbours house yesterday and replaced a fence panel. The panels are a loose fit between concrete posts where the panels slot into a groove in the posts and are slid down into place.
The panel they replaced it with was 30cm higher than the old one which looked a bit odd when it was in place. My neighbour then came out and spoke to the workmen. The workmen then removed another fence panel which is opposite my kitchen window. They then swapped the new panel for the one they had just taken out. This meant that the new, taller panel was right opposite my window and as it was taller than the old one, blocked out more light. (see pic)
The picture I have posted shows the view from my kitchen window. As you can see the distance between the top of the fence and the car port roof is now 30cm less. I spoke to the workmen and asked them if they were going to cut the panel down to size. The workmen replied that the owner had come out after they had replaced the panel and specifically asked them to swap it with the one in front of my window.
I have also just found out that this neighbour also had big problems with the previous owner of my house (I bought the house a year ago) which resulted in her being arrested for criminal damage to some cars.

I have looked at the Planning Portal site and found the following: (see pic)
"You will not need to apply for planning permission to take down a fence, wall, or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need planning permission for relevant demolition in a conservation area to take down a fence, wall or gate."
Link here:
http://www.planningportal.gov.uk/permission/commonprojects/fenceswallsgates/

I interpret this as meaning that you can maintain and replace your fence as long as you don't increase its height. You would need planning permission to increase its height.

I have contacted the local council planning department and the person I spoke to said the information I quoted from the Planning Portal site was wrong, in fact he said he had never heard of this. He also said that he would try and take a look at the fence but said that he and the council would not take any action.

Does anyone know if the information on the Planning Portal is correct?

Any advise on what to do before my neighbours behaviour gets out of hand would be appreciated.

Untitled

• rpjjuk
• 8 Nov 2014
• 1

Untitled

• rpjjuk
• 8 Nov 2014
• 1

 

[tony1851]

Read the whole extract.

 

[cajar]

you are allowed a 2m fence, planning doesn't come into it.

if she's the sort of scumbag that will vandalise cars, don't get involved on tit for tat. in neighbour disputes the lowest common denominator always wins.

since it looks a mess, my approach would be to make small talk to put her off guard then offer to cut that to size for her as a favour.

 

[jeds]

The maximum height for a rear fence is 2m. Anything more than that requires planning permission. Where the not increasing the height thing comes in is that a fence over 2m high which has been in place for years automatically gains immunity from planning so as long as you don't make it higher then you also don't need permission. But that doesn't apply in your case because they have increased the height. If the replacement panel is more than 2m high and you really don't like it push the planners to do something about it.

 

[AronSearle]

The way you describe the situation makes me think she is considering a particular line of sight, maybe wherever you sit or she sits is in a line between the two of you.

As others said, if the fence is over 2m, you could go for the nuclear option and pester building control etc. Under 2m and you will have to live with it or negotiate.

Possibly try talking to her about it, if her concern is a sight line, maybe a trellis topping could be put along the whole run of fence, would look more even and nice (rather than a random panel), and could provide enough privacy but let more light through.

 

[rpjjuk]

Sorry the link didn't work - I have altered it to work now.

Tony1951 - I have read the whole extract and I can see that it says that you cannot increase an existing fence height without planning permission. The old fence is 30cm less than the maximum height and the new fence is 2 meters high so the fence has been raised 30 cm.

Cajar
I realise that you you can have a 2 meter fence without planning permission but the the PP says that you can maintain (replace) a fence as long as you don't increase it's height. I assume this would apply even if the fence was only 1 meter high. Over 2 meters would of course mean you would have to get planning permission.

"You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height."

 

[freddiemercurystwin]

No you are interpreting it wrong. What that particular sentence means is that if you happened to have say a 4m high fence that was in a state of disrepair then you can repair it or replace it up to the height it was before it was repaired.

In all circumstances though you can make a new non highway facing boundary fence up to 2m high where it was lower before.

If it is 2m high then it is fully compliant with Planning Law and legal, no breaches of any planning laws have been made.