Is fence immune from enforcement action?

[andrew1138]

The fence was build 1.8m height - which I believe is not according to granted permission. According to granted planning permission part of the fence should be only 1m heigh (to not cover visibility for cars exiting the road). Fence was build 8 years ago. Is it now immune from enforcement action?

 

[freddiemercurystwin]

Yes provided you never had any letters from the council within the first four years.

 

[andrew1138]

I bought this flat 4 months ago. Should have my solicitor know about any letters from council? I guess he did not investigate cos of 4 years rule.
I want to obtain planning permission for a garden shed near that fence. Do not want to be asked to lower down fence height meanwhile..

 

[freddiemercurystwin]

You won't be.

 

[noseall]

I thought that important issues like pedestrian safety, road safety etc would trump any other exemptions?

 

[tony1851]

I guess he did not investigate cos of 4 years rule.

I guess he did not investigate 'cos either (a) he couldn't be bothered or (b) he was clueless about planning regs.

 

[^woody^]

I thought that important issues like pedestrian safety, road safety etc would trump any other exemptions?

Not really. Considering anyone can plant a hedge which can grow and block just as much view as any fence.

The idea that in such an open and public view, people have enough time to complain, and the council have enough time to investigate potential planning breaches. There needs to be a cut-off point.

 

[andrew1138]

So 4 year rule is applicable here?

 

[^woody^]

See post #2

And see your original house planning permission for conditions

And see your deeds for any covenants

 

[noseall]

So if I do something that is prohibited by the council and someone comes to harm as a result, could I be sued as a result?

 

[^woody^]

Look at it this way. If society did not want you to do something, then there would be a specific law to prevent you doing it in the first place.

 

[noseall]

Look at it this way. If society did not want you to do something, then there would be a specific law to prevent you doing it in the first place.

Yes quite, but that's the point. Laws don't prevent you from doing things - like speeding for instance but you can be held accountable.

 

[^woody^]

There is no law to stop you blocking a public view across your land, nor can you be held accountable for blocking one.

 

[noseall]

There is no law to stop you blocking a public view across your land, nor can you be held accountable for blocking one.

Oh, I thought that when he wrote this......

According to granted planning permission part of the fence should be only 1m heigh (to not cover visibility for cars exiting the road).

....that the fence was causing a problem for drivers/pedestrians/road users and not just a 'view'.

 

[^woody^]

Yes, but that is all Planning law not Highway law. The planners can also stop a fence being built in the back garden that they think is too high.