Historic Fence - Possible Planning Problems?

[i_am_fubar]

Out back garden fence is starting to rot and needs a full repair.

It's a corner plot, so the fence runs down the side road. It is 2m tall and right next to the pavement. It has been like this since we bought the property. Not commented on at all during the buying process by surveyor, convayencer... etc.

Speaking with neighbors recently and confirmed on street view, the fence used to be about 1.5m back from the pavement and was moved right up to the property line some time between 2009 and 2011.

I don't know if PP was sought and as far as I'm aware, no complaints have been issued. If we replace it now, like for like, what are:

1) The chance of the council telling us to move it back
2) The legal capability they would have to enforce it as it has been unchallenged for 4.5 years at least.

Cheers,
Fubar

 

[Nakajo]

0%

 

[bernardgreen]

As it is a corner plot it might be that the fence obscures a driver's view. Corner plots can have conditions imposed in the original planning consent about fences to reduce traffic hazards.

While it is un-likely that the council would take any notice or action it is not impossible that the work to replace it is noticed and a jobs-worth checks it out.

 

[Nakajo]

It's the back garden fence (albeit on the side). I cannot see how it can be anywhere near the corner ?!?!

 

[geraldthehamster]

If by "full repair" you mean you are taking it down and replacing it, the council would be entitled to regard it as a completely new fence, as if no fence had stood there. That being so, the new fence would only be permitted development at 1 metre high. That's not to say the council would do anything, but they could.

Cheers
Richard

 

[clifford1]

Just make sure you "repair" it bit by bit. Don't ever take it all down at once.

 

[i_am_fubar]

Good thinking on the bit by bit approach. As it'll be a longish project to do (lot of soil to move) and I value privacy, I can only do it bit by bit... Just, in a row, over a number of evenings / weekends

 

[Diyisfun]

Good thinking on the bit by bit approach. As it'll be a longish project to do (lot of soil to move) and I value privacy, I can only do it bit by bit... Just, in a row, over a number of evenings / weekends

I think months, would be better to avoid any possible action.
For peace of mind you could ask your conveyancing solicitor.

 

[i_am_fubar]

Problem with asking a 3rd party for help is that if they say 'no' you can't plead ignorance

The people behind us did the same thing and no-one's kicked up a stink since it went in