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After bad weather and high winds blowing my fence down completely on two sides (adjourning neighbours properties and breaking a couple of the rear fence posts (which backs onto the road), I decided to have a replacement fence erected but to incorporate approx 2m of land at the back of my property that shows as being within the boundary on the title plan. There is a small insignificant strip between the property boundary and the footpath which still belongs to the developers (ransome strip I believe this is sometimes called?). As I have no intention of requiring permanent access across the developers land, this strip is of no interest to me, other than the mearsurement to ensure I stayed within the property boundary.
Trees and hedgerow at the rear of the property have not been properley maintained for at least 13 years, other than my trimmming back to the fence line on occasion.
Prior to my fence being blown down another neighbour had spoken to a local councillor in regard to building a wall instead of a the rear fence and they wanted to establish their boundary. The information given by the councilor was that the land was under discussion between the developer and the local parish council, for the parish council to take over ownership. My neighbours gave me the contact details of the local councillor and the person at the developers, whom I wrote to and queried that part of the land belonged to the properties and a small strip did indeed belong to the developers, but that the developers could not sign over ownership of all the land up to the fence as this was not their property. I did not receive a negative response and nothing further happened.
My neighbours were unconvinced and unsure so they decided to build the wall in the same place the fence was removed.
My garden landscaping plans commenced in July 2015 and the tree maintenance company advised that they would start the work of trimming the tree height and sides in January 2016, the best time to undertake the maintenance. Myself and my next door neighbour agreed to have this done in Jan 2016.
During the tree maintenance it became apparent that the hedge/trees were rotten near the trunk bases and some were in danger of falling down and a possible risk to pedestrians and property. My neighbour made the decision and gave the ok for those that were unstable to be cut down and removed. I did not want to lose the hedge/trees because of the wildlife and privacy they afforded me, so I advised to cut back as much as was allowed to give less weight to them and the try to allow the hedge to regrow and 'heal' if possible. I was advised it wass unlikely, but my choice.
I contacted a builder to give me a price and start date for my fence replacement with the hedge/trees now having been trimmed back and ready for the work to commence 8th Feb 2016. Work was delayed through weather and ill health and commenced on 7 Mar 2016 and was finished 23rd Mar 2016.
The local planning officer called at my house 14th Apr 2016 to say that they had received a complaint regarding the erection of a new fence. He took photos and measurements and wrote to me to advise:
"Thank you for showing me the fence at your property yesterday I just want to update you on the situation.
Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 provides permitted development rights relating to gates fences and walls.
Development is not permitted if the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, exceed 1 metre above ground level.
The fence that you have constructed measures 2.2m from the ground level on xxxxxx Way and thus requires planning permission. In order to seek to regularise this breach in planning I recommend you submit a planning application to the Council within 28 days of this letter. Alternatively I recommend that you return the fence to the original position or lower the height of the fence to 1m within the same time frame. "
As the above stated I need planning permission and I commenced the process online and submitted to scale plans of before and after as required (drawn by myself).
I contacted the Planning Enforcement Officer after the date 16/1/17 which I had been told would be the date the planning application was 'heard' to ask on the progress. I was advised that she had been off for three weeks and so not completed, however that she was going to recommend it was rejected on the foloowing grounds:
"Thank you for your email. Please accept my apologies for the delay in providing you with an update as to this application, however I have been out of the office for approximately three weeks due to unforeseen circumstances.
With regards to planning application xx/xxxx/FUL, unfortunately I must advise that I shall be recommending refusal on the basis that the development is considered to harm the character and appearance of the surrounding area by reason of its design and positioning and is also considered to have an adverse impact on (pre)existing trees / hedgerow important for wildlife and amenity. Saved Local Plan Policy D.2 states that development will only be permitted if, amongst other things, the character of the public realm is maintained or enhanced and that the development is of a high quality. Saved Policy D.4 also states that development will only be permitted where, amongst other things, it responds to the local context in terms of appearance, materials, siting, spacing and layout and the appearance of extensions respect and complement their host building. Furthermore, saved policy NE.4 states that development will only be permitted where it does not have an adverse impact on trees and woodlands of wildlife, landscape, historic, amenity, productive or cultural value. The aforementioned Local Plan policies are also supported by paragraph 58 of the National Planning policy Framework (NPPF) and emerging Placemaking Plan policies D.1, D.2 and NE6.
In addition to the reason given for refusal, I must advise that there also appears to be an issue as to the ownership of the land which may render the application invalid. It appears that an area of the land incorporating the development is currently owned by xxxxxxxx, as verified by a land registry search. The applicant would therefore be required to sign a Certificate B (not Certificate A as submitted).
In light of the above, I would be grateful if you could agree to an extension of time until 27 February so as to be able to advise as to your client’s preferred course of action (i.e. for acceptance of a refusal or withdrawal of the application). Please do not hesitate to contact me if you have any questions regarding the above.
Sorry for the long post, but I thought best to give as much information as possible. If any plans or copies of anything would help please let me know
My questions:
Is there anyway I can avoid the planning permission (or not as the case may be)?
Many thanks in advance.
Trees and hedgerow at the rear of the property have not been properley maintained for at least 13 years, other than my trimmming back to the fence line on occasion.
Prior to my fence being blown down another neighbour had spoken to a local councillor in regard to building a wall instead of a the rear fence and they wanted to establish their boundary. The information given by the councilor was that the land was under discussion between the developer and the local parish council, for the parish council to take over ownership. My neighbours gave me the contact details of the local councillor and the person at the developers, whom I wrote to and queried that part of the land belonged to the properties and a small strip did indeed belong to the developers, but that the developers could not sign over ownership of all the land up to the fence as this was not their property. I did not receive a negative response and nothing further happened.
My neighbours were unconvinced and unsure so they decided to build the wall in the same place the fence was removed.
My garden landscaping plans commenced in July 2015 and the tree maintenance company advised that they would start the work of trimming the tree height and sides in January 2016, the best time to undertake the maintenance. Myself and my next door neighbour agreed to have this done in Jan 2016.
During the tree maintenance it became apparent that the hedge/trees were rotten near the trunk bases and some were in danger of falling down and a possible risk to pedestrians and property. My neighbour made the decision and gave the ok for those that were unstable to be cut down and removed. I did not want to lose the hedge/trees because of the wildlife and privacy they afforded me, so I advised to cut back as much as was allowed to give less weight to them and the try to allow the hedge to regrow and 'heal' if possible. I was advised it wass unlikely, but my choice.
I contacted a builder to give me a price and start date for my fence replacement with the hedge/trees now having been trimmed back and ready for the work to commence 8th Feb 2016. Work was delayed through weather and ill health and commenced on 7 Mar 2016 and was finished 23rd Mar 2016.
The local planning officer called at my house 14th Apr 2016 to say that they had received a complaint regarding the erection of a new fence. He took photos and measurements and wrote to me to advise:
"Thank you for showing me the fence at your property yesterday I just want to update you on the situation.
- You have recently constructed a new fence on land to the rear of your property, whilst outside of the existing fence line you believe the fence is within the area of land show on the title deeds.
- The height of the existing fence has been continued out ward, due to the land falling away to the rear of the property the new fence has a height of 2.2m from the ground.
Schedule 2 Part 2 of the Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2015 provides permitted development rights relating to gates fences and walls.
Development is not permitted if the height of any gate, fence, wall or means of enclosure erected or constructed adjacent to a highway used by vehicular traffic would, exceed 1 metre above ground level.
The fence that you have constructed measures 2.2m from the ground level on xxxxxx Way and thus requires planning permission. In order to seek to regularise this breach in planning I recommend you submit a planning application to the Council within 28 days of this letter. Alternatively I recommend that you return the fence to the original position or lower the height of the fence to 1m within the same time frame. "
As the above stated I need planning permission and I commenced the process online and submitted to scale plans of before and after as required (drawn by myself).
I contacted the Planning Enforcement Officer after the date 16/1/17 which I had been told would be the date the planning application was 'heard' to ask on the progress. I was advised that she had been off for three weeks and so not completed, however that she was going to recommend it was rejected on the foloowing grounds:
"Thank you for your email. Please accept my apologies for the delay in providing you with an update as to this application, however I have been out of the office for approximately three weeks due to unforeseen circumstances.
With regards to planning application xx/xxxx/FUL, unfortunately I must advise that I shall be recommending refusal on the basis that the development is considered to harm the character and appearance of the surrounding area by reason of its design and positioning and is also considered to have an adverse impact on (pre)existing trees / hedgerow important for wildlife and amenity. Saved Local Plan Policy D.2 states that development will only be permitted if, amongst other things, the character of the public realm is maintained or enhanced and that the development is of a high quality. Saved Policy D.4 also states that development will only be permitted where, amongst other things, it responds to the local context in terms of appearance, materials, siting, spacing and layout and the appearance of extensions respect and complement their host building. Furthermore, saved policy NE.4 states that development will only be permitted where it does not have an adverse impact on trees and woodlands of wildlife, landscape, historic, amenity, productive or cultural value. The aforementioned Local Plan policies are also supported by paragraph 58 of the National Planning policy Framework (NPPF) and emerging Placemaking Plan policies D.1, D.2 and NE6.
In addition to the reason given for refusal, I must advise that there also appears to be an issue as to the ownership of the land which may render the application invalid. It appears that an area of the land incorporating the development is currently owned by xxxxxxxx, as verified by a land registry search. The applicant would therefore be required to sign a Certificate B (not Certificate A as submitted).
In light of the above, I would be grateful if you could agree to an extension of time until 27 February so as to be able to advise as to your client’s preferred course of action (i.e. for acceptance of a refusal or withdrawal of the application). Please do not hesitate to contact me if you have any questions regarding the above.
Sorry for the long post, but I thought best to give as much information as possible. If any plans or copies of anything would help please let me know
My questions:
- Did I read somewhere that the law for fences near a highway being only 1m high only came in April 2016?
- I point 1 is correct and the fence was erected in March would this be exempt?
- How can I find out the measurement of land owned by the developer?
- If I have no other option than to reduce the height of the fence to 1m, can I have a garden studio (which is built to be within allowances on the dimensions without planning permission)?
- I do not want to move the fence back to the original line, can planning make me do this as well as the height reduction?
Is there anyway I can avoid the planning permission (or not as the case may be)?
Many thanks in advance.
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