Fence adjacent to a highway

[Lavender1982]

Hi,

New to the forum, comments or thoughts welcomed.

We erected a close board fence to the side of our property 4 weeks ago. Yesterday we received an enforcement letter claiming we were in breach of planning as the fence is adjacent to a highway.

I have requested Wiltshire Council provide guidance of what is defined as ‘adjacent’. I would suggest the fence in no way abuts or indeed is adjacent to the highway.

The land fronting the fence is not defined as highway and as such is private land, for which a neighbour and I maintain (grass cuts etc)

At it widest the fence is set back 6.7m from the highway, with the narrowest point being 4.7m back from the highway. No footway is present.

The Close is defined as an unclassified road, with low traffic movements and vehicles invariably travelling at low speed. No visibility splays are affected by the erection of the fence.

Wiltshire Councils literature on the subject states the fence should not be ‘Next to’ the highway. Next to is defined as ‘in or into a position immediately to one side of; beside’ – on this basis I do not believe the fence is as suggested in the literature next to the highway. It has a private parcel of land in excess of 50msq fronting the fence prior to the commencement of the highway boundary.

Thanks in advance
Nick

[Lavender1982]

I failed to mention the land in question is unregistered as detailed on land registry. Wilthisre Council have confirmed the highway boundary commences from the kerb. This was established during the conveying process.

[des8]

Wiltshire seem to have somebody in their office who does not realise that the public highway is land over which the public have a right to pass and repass freely. hence the confirmation received during your conveyancing process.
The public highway is not just the metalled road but extends from fence/hedge line to the opposite fence/hedge line, and on that basis the council would be correct regarding an enforcement notice if the fence is higher than 1m

Do you happen to have a copy of the phrasing of the original search question, and the response from the council. which you could post up?

[Amethyst]

I can't really help but looked into similar for my parents a couple months back - http://legalbeagles.info/forums/foru...-highway-rules

They have resolved it by agreement with the council by planting clematis to grow up the front of the fence ( soften the effect on the street scene I guess )

[Lavender1982]

email supplied by Wiltshire Council Records Officer - 'After further investigation please see the revised plan showing the extent of the highway coloured orange. '

[Lavender1982]

The search came about due to our driveway crossing over a section of the unregistered private land for which the developer then provided an indemnity agreement.

[Lavender1982]

Wiltshire Council have confirmed that no further action will be taken following the evidence supplied. A victory for common sense!!!!

[des8]

As the council have defined where the highway boundary is, and you have proof of that, ask the enforcement officer to come out and discuss the matter with you on site.
Without shouting at him (!) you might persuade them to change their order.
If that fails you would have a case against the council cf Chesterton Commercial (Oxon) Ltd v Oxfordshire CC [2015] EWHC 2020 (Ch)

[Amethyst]

Wiltshire Council have confirmed that no further action will be taken following the evidence supplied. A victory for common sense!!!!

Great - well done

Had someone complained to the council about the fence do you think ? ( That's what happened with my parents, and the council hadn't even been out to look before sending an enforcement letter )

[des8]

Wiltshire Council have confirmed that no further action will be taken following the evidence supplied. A victory for common sense!!!!

Brilliant...