Fencing regs

[richje100]

Evening all. After some advice please as a neighbour (who is a private tenant) has complained to the local council. We are awaiting a letter by all accounts.
Her Complaint was about another neighbour who was trying to erect a 7ft fence which I know is too high but hey nothing to do with us.
The rental property has decking which backs on to my back fence is high and her and kids hang over it and whilst they are on the deck we can see them.
So I erected 6ft feather edge fencing to compensate their fence and a little higher.
The fence sits on a raised area kind of like a kidney shape raised bed made from dry stone wall about a foot high.
The layout of my garden is step out onto the patio, garden slopes about foot and half then flattens out to the raised area at the bottom. This is where my fence sits.
Sorry for the long post but I don't want to have to shorten the fence and be left seeing them again.
Also, as she is just a tenant, would she have any rights to complain or would it be the landlord?

 

[big-all]

several points really
is there a covenant or restriction as in keeping to say 4ft ??
if its general needing to avoid the need apply for planning permission
2m rear from the highest point a panel or indeed the whole fence covers iff not stepped
so a panel can easily be seven foot if any part it touches is at 6ft 6 and 3/4" above or adjacent to ground level along its length

 

[richje100]

Thanks for the reply.
No covenant is in place.
Hopefully this pic will help visualise it.
Where the fence steps up is approx 5cm higher than their fence as it gives more privacy. That being said even when they walk on their decking which must be around a foot and half high we can still see from shoulder upwards.
I've just been out to measure and the whole height from gravel board to top of fence is 202 cm. If you take into account the raise bit it adds roughly 40cms. The raised bit brings that part of the garden inline with hers at the back. It's literally a quarter if that the length of the back is the neighbour with the issue.
Apparently planning dept been out and was heard asking her which Councillor said it was 1mtr front and 2mtr back as its incorrect?

 

[big-all]

its from ground level not any structure
gravel boards underside to touching natural ground is your datum point upwards
whats around it near to it is not important unless its natural and old

 

[richje100]

OK thanks.
I read somewhere that the level takes into account the ground directly accessed from the house, which in my case is near enough same height as the raised area. Is this wrong? The raised area was there before we moved in some 18yrs ago.
By the sounds of it my fence is too high then. If we do get an enforcement letter and have to lower the fence, their fence will be too high but I'm guessing it's irrelevant as long as 2mtrs their side?

 

[sxturbo]

Did they get planning permission for their decking?

It can't be more than 30cm from adjacent ground....

This rule is there to prevent happening what you are advising of where they can clearly see into your garden

 

[richje100]

Did they get planning permission for their decking?

It can't be more than 30cm from adjacent ground....

This rule is there to prevent happening what you are advising of where they can clearly see into your garden

I'm going to say no, not 100% as I've never known anyone to get permission for decking. It's a tenanted house.
Another thing I wanted to know is can a tenant report planning concerns or does it have to be the landlord as it possibly affects the value etc...

 

[richje100]

Did they get planning permission for their decking?

It can't be more than 30cm from adjacent ground....

This rule is there to prevent happening what you are advising of where they can clearly see into your garden

I'm going to say no, not 100% as I've never known anyone to get permission for decking. It's a tenanted house.
Another thing I wanted to know is can a tenant report planning concerns or does it have to be the landlord as it possibly affects the value etc...

 

[sxturbo]

I'm going to say no, not 100% as I've never known anyone to get permission for decking. It's a tenanted house.
Another thing I wanted to know is can a tenant report planning concerns or does it have to be the landlord as it possibly affects the value etc...

Anyone can report planning concerns.

But I would be more concerned with the unauthorised decking than your fence height which sounds like it's on the edge of the height limits

 

[mattylad]

Well you have them by the short and curlies, if their decking is above 300mm from the ground then it is them that needs to keep quiet about fencing.
A complaint to the council could cause them problems.

Don't worry about your fence.

 

[richje100]

Anyone can report planning concerns.

But I would be more concerned with the unauthorised decking than your fence height which sounds like it's on the edge of the height limits

If I have to take into account the height of the raised area which the fence sits on itll be over 2mtrs. I thought the height would be on whatever level it sits on especially as the fence behind it is tall.
Work so hard to have nice things and just one spiteful individual likes to cause trouble
I'm hoping the planning guy that was talking to her sees that the height of our fence has no way impacted her I.e blocks light.
In fact her kids used to hang over into our garden and throw things for my dog. Now not so much.
Guess I'll have to wait and see if we do get a letter.

 

[sxturbo]

You can apply for planning permission to have a higher fence than 2 meters, I'm not sure whether you will be able to apply for retrospective permission or not, but I'm sure someone on here will know more.

In the mean time I would seek advice regards their decked area.

Kids hanging over fences is not on, and being able to see there head and shoulders over and above your 2.5 meter fence is encroaching on your privacy.

 

[richje100]

Thanks all. Itll probably not come to anything but we'll see.

 

[mrrusty]

The simple way of addressing this is to have a chat to neighbour and ask them to consider withdrawing their complaint, because if you have to take the fence down, your plan B is bamboo screening that quickly grows to 6-8m, and because it is a grass it is totally outside all the high hedge legislation. So tell them it's their call - the fence as is or 6-8m bamboo screening.

 

[^woody^]

Tenants are not "just tenants" like some second class family. They typically have the "best interest" in the tenanted property, which is greater than the landlords.

Any planning enforcement must apply to all fences and if relevant the decking.

Stick some thorny, bee-attracting tall bush or something up and along the fence top.