Fence panel replaced blocking light into my window.

[rpjjuk]

Hi everyone. Would someone be able to give me advice about a problem I have with my neighbour please.
This may be connected to a previous problem I posted where a dog belonging to a guest of my neighbour attacked my dog, resulting in my dog having to be put down.

Two workmen turned up at my neighbours house yesterday and replaced a fence panel. The panels are a loose fit between concrete posts where the panels slot into a groove in the posts and are slid down into place.
The panel they replaced it with was 30cm higher than the old one which looked a bit odd when it was in place. My neighbour then came out and spoke to the workmen. The workmen then removed another fence panel which is opposite my kitchen window. They then swopped the new panel for the one they had just taken out. This meant that the new, taller panel was right opposite my window and as it was taller than the old one, blocked out more light. (see pic)
The picture I have posted shows the view from my kitchen window. As you can see the distance between the top of the fence and the car port roof is now 30cm less. I spoke to the workmen and asked them if they were going to cut the panel down to size. The workmen replied that the owner had come out after they had replaced the panel and specifically asked them to swop it with the one in front of my window.
I can only assume that my neighbour is being silly because of the problem with my dog being put down as she didn't even apologise over the dog incident. I have also just found out that this neighbour also had big problems with the previous owner of my house (I bought the house a year ago) which resulted in her being arrested for criminal damage to some cars.

I have looked at the Planning Portal site and found the following: (see pic)
"You will not need to apply for planning permission to take down a fence, wall, or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need planning permission for relevant demolition in a conservation area to take down a fence, wall or gate."
Link here:
http://www.planningportal.gov.uk/per...ceswallsgates/

I interpret this as meaning that you can maintain and replace your fence as long as you don't increase its height. You would need planning permission to increase its height.

I have contacted the local council planning department and the person I spoke to said the information I quoted from the Planning Portal site was wrong, in fact he said he had never heard of this. He also said that he would try and take a look at the fence but said that he and the council would not take any action.

Does anyone know if the information on the Planning Portal is correct?

Any advise on what to do before my neighbours behaviour gets out of hand would be appreciated.

[wales01man]

Re: Fence panel replaced blocking light into my window.

Always understood the fence height are covered by rules in a rear garden I think no higher than 6 feet or 2 metres high ?

[Kati]

Re: Fence panel replaced blocking light into my window.

Always understood the fence height are covered by rules in a rear garden I think no higher than 6 feet or 2 metres high ?

yes - although I think some councils might have extra 'rules' so it might be worth contacting the local planning office

[seduraed]

Re: Fence panel replaced blocking light into my window.

Ring the council and ask if there are rules . Or better go into the council offices and ask to speak to the duty planning officer. Certainly there issues with panel blocking your light . i believe there are regulations if the light has been an uninterrupted flow for long enough . It used to be called "Ancient Light" but the rules changed some years ago .

[des8]

Re: Fence panel replaced blocking light into my window.

The relevant statute is Town & country (general permitted development) order 1995. Section applicable is Part 2 (minor operations)

Might be worth checking with land registry to see if the boundary fence is actually your neighbour's and not jointly owned.
It will also indicate if there are any restrictive covenants regarding the height of the fence.

Regarding "Right to Light" I found this, which is broadly in line with how I have always understood the position:In England and Wales a right to light is usually acquired under the Prescription Act 1832. Under the Act a right to light usually occurs once light has been enjoyed through defined apertures of a building for an uninterrupted period of 20 years.An infringement may give the neighbouring owner the right to seek an injunction to have the proposed development reduced in size. If the loss of light is small and can be adequately compensated by money, a court may decide to award compensation instead of an injunction.
The right is to a certain amount of light and not to all of the light that was once enjoyed. Mathematical calculations are used to determine whether or not a development causes an infringement. For speed and accuracy rights to light calculations are undertaken using specialist computer softwa
And here's an interesting read: http://lawcommission.justice.gov.uk/...s-to-light.htm

[geoffrey]

Re: Fence panel replaced blocking light into my window.

I may be wrong but I thought that there was a general UK regulation about fences and hedges within a certain distance of other peoples homes not being above one metre high except by agreement or planning approval. This has been the argument in relation to Cupressus Leylandi 'hedges' that have grown into tall trees. Our neighbours have tall trees right next to their boundary fence with us but they are OK as they are to the north.

[Foxyflugel]

Re: Fence panel replaced blocking light into my window.

From experience, the local council planning is a complete and utter waste of time. My neighbours decided to take their gate off their back yard and replace it with wood - it looks any eyesore and I can only describe it's appearance as a barricade effort. They did this in an effort to completely block the view of their yard (the landlord erected a 6ft fence down the middle of the yard at their side of the wall) from the other equally useless council department that is Environmental Health. My neighbour believes it is acceptable to leave piles and piles of dog faeces on her yard until the dogs do not have an inch of concrete to walk on. I reported this and it has proved fruitless but I am taking it further.

Anyway, back to the fence height - yes the permitted height on the rear of a property is 2 metres - this monstrosity is approx. 8ft tall - one post is actually 10ft tall. They came out and said that they would not take action as it is does not affect the public!! Also, if it is no more than 0.5metres above the permitted height - they do nothing!! So basically, unless your council are different to ours (which I very much doubt) - you are on a hiding to nothing.

[Pdrights]

Re: Fence panel replaced blocking light into my window.

Hi,
I'm afraid you are looking at the wrong information by going on the planning web page.
every house owner has permitted development rights and as such you can construct any part or all fences to a max height of two metres.
if however the panel exceeds this height then he should get planning permission unless there is some kind of restriction on the fence but it's doubtful.
it would need planning if it faced a highway.
many people complain to a neighbour before reading up on PD and then things get messed up with the neighbour and no ones the winner.
my advice would be to go round and try to convince her to cut it to the same height as the rest of the fence but try to offer her something in return perhaps a bit of gardening for her might work.
good luck.
pdrights

[judgemental24]

Re: Fence panel replaced blocking light into my window.

If the natural light has been dimished into your window through that fence then the council will have to come out and investigate.

There has to be a minimum amount of natural light flowing into your home through that window. They will measure that through a Lux Metre

You need to tell the council this

Enviromental health

[Pdrights]

Re: Fence panel replaced blocking light into my window.

Hi I'm afraid you have this wrong.
providing there are no restrictions that cover the natural light then the pd rights stand, and the fence can go up two metres high.
in my job before I retied this year I dealt with Permitted development on a daily bases.
it might be worth pointing out that you or your neighbour could have several sheds build to an eaves hight of 2.5 mts plus the eaves hight on top so approx 3mts all within pd but the amount of outbuildings is restricted to the back and side gardens but I believe you are allowed to take up to half of your garden size but you can check all this by clicking on safari and putting in permited development fences and sheds.

[judgemental24]

Re: Fence panel replaced blocking light into my window.

I will agree on a difference of opinion on this one.

It did not have any effect on me but 2 doors down a chap built a pigeon loft. The council prosecuted him because he was told to take it down through an enforcement order as it impacted on the neighbours natural light. He refused and was taken to court and convicted