sellers not truthful about works done re fencing

[Stanley10]

Bought a house a couple of months ago which has a small stretch of fencing over one meter high along the boundary of a road and pavement. It is inside the small original picket fence which is a meter high but the distance to pavement will still be less than 2 meters.

On the selling forms they said "NO" to any works being carried out but they did put this fencing up and around a driveway section. I wanted to extend the fencing along the boundary for more privacy but after looking into it I have discovered planning permission is required!!

Can I make them cover any costs for planning on the bit they put up? I am also worried that if the council refuse and make me take it down my whole garden is then looked at by pedestrians walking past and I would have not have bought the house if this has been the case.
I have read that after 4 years the council can't do anything about but it hasn't been 4 years as they were only in the house for 3yrs

Obviously my solicitor would not have challenged about the fence as solicitors don't do site visits to properties and I had no idea about this rule to get her to ask the vendors. They were untruthful on the forms.

I feel worried about it all.

[des8]

Chances are that if an application for retrospective planning permission was made it will be rejected.

You could possibly pursue the sellers, but will be a long stressful process with uncertain outcome and you should consult your conveyancer about this.

Have you considered planting a quick growing hedge?

[echat11]

https://www.lovethegarden.com/uk-en/...hedges-privacy

[Stanley10]

thank you
Yes I had looked at hedging. there is already hedging where I want to extend the fence but its a mix of stuff and prickly and so I think take it out and start again with Leylandi as that's more speedy. I will leave the fence up that they did and hope I get to 4 yrs! there isn't much space to put hedge in between the taller fence and the picket fence to cover it.

I feel stupid not to know this about fencing as would have asked for them to provide evidence of permission.

what could my conveyancing solicitor really do now anyway?

[des8]

I doubt the contract could be rescinded for what will probably be viewed as a minor error, but it might be possible to negotiate some damages eg the cost of hedging to replace the "illegal" fencing.
Your conveyancing solicitor should be prepared to give you a one off consultation for free or reduced cost to explore your options

[islandgirl]

Try to find out when it went up and keep your head down for the remaining years would be my advice. Then still do nothing unless there is a complaint!

[ostell]

And not leylandii ! They may grow quickly but then keep on growing and can be high maintenance

[echat11]

You can get artificial hedging, no maintenance, might cost a bit more initially but the benefits are there from day one.

Posting the link for ideas - https://www.manomano.co.uk/artificia...el_id=32746705

[des8]

You can get artificial hedging, no maintenance, might cost a bit more initially but the benefits are there from day one.

Posting the link for ideas - https://www.manomano.co.uk/artificia...el_id=32746705

I doubt that will be considered "hedging" and will be subject to the one metre height restriction

[Stanley10]

DESB yes I think you're right on that one.

Don't mind the maintenance of leylandi as there is other hedging round the other part of the house that I have to upkeep. I do want quick privacy hedging though.

I asked the agent to contact them and ask when fence was done and apparently it was 2yrs ago, they were told didn't need planning but I have found out who did it and I don't think he knows the rules!

[Stanley10]

going off topic slightly, it is a strange rule that you can't erect fencing along a pavement/road that is more than a meter high but you can grow hedging as high as you like! I would have thought hedging is much more permanent with roots etc than some fence panels but hey ho.

[echat11]

Every council has guidance on overseeing / privacy / screening, should be on their website might be an idea to check.

[des8]

going off topic slightly, it is a strange rule that you can't erect fencing along a pavement/road that is more than a meter high but you can grow hedging as high as you like! I would have thought hedging is much more permanent with roots etc than some fence panels but hey ho.

Not quite as e.g. if your hedge obscure the sightlines of a visibility splay you could be ordered to reduce its height.
This is because the local authority has a duty under the Highways Act 1980 to ensure that the highway is not obstructed

[islandgirl]

DESB yes I think you're right on that one.

Don't mind the maintenance of leylandi as there is other hedging round the other part of the house that I have to upkeep. I do want quick privacy hedging though.

I asked the agent to contact them and ask when fence was done and apparently it was 2yrs ago, they were told didn't need planning but I have found out who did it and I don't think he knows the rules!

I think I would lie low for a few years then - if noone has complained thus far you may well get away with it. Planning depts in councils are very understaffed and will not go looking for work!