Is fence immune from enforcement action?

[noseall]

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.

Gotcha.

How can you be sure that it is not contravening highway law? Highways have the power to restrict/prohibit exits from dwellings, i.e. drop kerb proposals that contravene pedestrian safety etc? Does the fact that say because Highways have not made a complaint mean that it is legal or that they have not the resources to investigate all breaches?

Who would be liable if a child gets run over as a direct result of poor visibility due to the fence height?

 

[PBC_1966]

Your fence is on your own private land, not a public highway.

 

[noseall]

Your fence is on your own private land, not a public highway.

And? Is jurisdiction limited only to planning?

 

[PBC_1966]

The Road Traffic Act, Highways Act etc. generally apply only to the public highway, and for a few specific purposes to private land which is open to public access (e.g. you can still be charged with drunken driving in a privately owned car park if it's open to the public).