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Retrospective Planning Permission for a fence

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  • Retrospective Planning Permission for a fence

    We are on a new build housing development and the developer cut down an existing hedgerow that was in our ownership and part removed a length of it. They have replanted and erected a 2m high fence as a 'temporary' measure as we were left exposed to the adjacent road noise etc. The fence is to be removed once the hedgerow establishes.
    Problem is we have now received a letter from the LPA. Planning Enforcement as the fence is within 2m of a highway and 2m high stating we need to apply for Planning Permission. The fence is in part only 1.8m away from the edge of the road, (no footpath just a small grass verge) and behind the existing hedgeline so partially screened from the road. Is it worth discussing with the LPA and stating it is only temporary and to be removed in circa 2-3 years or making the application? An alternative I guess is to reduce the height to 1m so it provides partial screening ...
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  • #2
    I might try have a chat with the Planning Officer yes .... 1.8m from the highway is one of those borderline areas where it might or might not be deemed adjacent to the highway. How high was the original hedgerow ?

    Are there any visibility issues with the fence in place ? , or is it simply it looks a bit harsh from the highway side until the hedgerow re-establishes.

    And surely your housing developer should have checked this all out first ? Presumably they actually discussed removing your hedge with you before they did it? Was it because there was an issue with the hedge or another reason ?

    https://legalbeagles.info/forums/for...-highway-rules ( which basically says 'urrrghhhhh' )
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Someone I knew erected a 2m wooden fence, got planning permission first though.

      But as an afterthought he fitted fence post 'knobs'....
      .....something like https://www.gardentrellis.co.uk/m/54...s-category.jpg

      A neighbour complained, made an inspector go to investigate & the 'knobs' had to be removed.

      You couldn't make it up, could you?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

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      • #4
        Originally posted by Amethyst View Post
        I might try have a chat with the Planning Officer yes .... 1.8m from the highway is one of those borderline areas where it might or might not be deemed adjacent to the highway. How high was the original hedgerow ?

        Are there any visibility issues with the fence in place ? , or is it simply it looks a bit harsh from the highway side until the hedgerow re-establishes.

        And surely your housing developer should have checked this all out first ? Presumably they actually discussed removing your hedge with you before they did it? Was it because there was an issue with the hedge or another reason ?

        https://legalbeagles.info/forums/for...-highway-rules ( which basically says 'urrrghhhhh' )
        The original hedgerow was c. 2.5m high, and starting to thicken out.

        No visibility issues at all and the 'good' side of the close boarded fence is naturally facing us, not the highway.

        Nope. The developer cut the hedgerow without warning or permission from any of us residents (the hedgerow fronts about 15 plots in total so we are all complaining). The developer and his landscaper got their wires crossed. We threatened with legal action so in the end they replanted some areas and erected this fence until the hedge establishes again ...

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        • #5
          Have all the properties on the development had enforcement notices or just yours the only one near the highway ?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment

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