An op that has not since returned...
I have thanked all parties who have tried to help and advise.I am sorry that it has caused some minor friction between "Freddie" and "Jay" however and hopefully this will help to clarify matters.
The house is "side on" to a minor road and does not have a pathway for the majority of its length - 30M
I have already been down the road of retrospective PP as the new fence is erected.I failed to get it agreed and lost the subsequent appeal with the Planning Inspectorate.
I specifically stated in my planning application why I wanted a "new" fence as the existing one which was a piecemeal construction of various types of cheap panels.
All was substantiated with photo's of "old fence" and its replacement!The height installed is identical in part to that of the existing which separates my kitchen to road view!
LP failed to address any of my specific points in refusing PP ie privacy,security,maintenance and consistency of design,only quoting regulations specific to conservation area-boundaries.
Its ludicrous that you can have 2M high hedges on the same boundary line which separates me from the road as LP authorities cannot directly determine the height of a hedge. That then defeats any validity in the argument that a fence could cause screening to pedestrians as there is no pathway alongside fence.
The enforcement notice reads "total removal"with no further explanation-which I think is heavy handed and unnecessary as it can be reduced in height to the 1M which brings me full circle to the question as to the datum to a be used ie. height of ground in my garden or from the roadside which is on a slight incline. Like most of the properties here there are raised banks to a level lawn.
I am resigned to reducing fence height,as any further appeal costs £150 and I feel it would still be refused.