dispute about extension of my boundary fence

[pinkrat]

Really need some advice about a letter i have received from local council regarding the recent extension of my boundary fence.

The problem has stemmed from me having a nosey neighbour who has issues with everything and everyone, so much so that i stopped talking to him a few years ago. He built his shed on a platform which enabled him to stand in the doorway of it and look directly into our house. He has used the chance to do this constantly. I have had no privacy and had become increasely distressed by this.

He makes unlimited pointless trips to the shed whenever i am outside to watch whatever i am doing. I then had to take on my daughters dog as she moved into a flat and couldn't take him, i already had 2 dogs of my own. It has take a while for the new dog to settle, made worse by my neighbours constant messing in his shed for no reason. I then decided to put a little extension in height of fence just at the height of where his door is visible into my garden.

He came out on the night and i heard his wife ask what he thought to which e replied he had no problem.

Today i have received a letter saying the fence is now 2.3 metres and needs to come down to 2 metres. I have emailed them back with my concerns over his shed, also he has a tree against my fence that is at least another foot above my new higher fence.

Do i have valid claim against his shed height and privacy as it is on a platform? I said in email i have no problem with lowering fence but have issues with the shed.

Hope i have put this in the right place

 

Thanks in advance

[raydetinu]

plant a few fast growing conifers ( leylandii ) to act as hedge, keep trimmed as they will get out of hand or erect your own shed to shield his?

Apply for planning permission to erect a higher fence.

[pinkrat]

I've just bought a new shed but its on the other side of the garden. I've emailed council and am hoping they listen to my side. I'm not lowering fence for my neighbour to be able to spy on me again

[pinkrat]

I suppose what i really want to know is what the council will say. Have i got an argument with the shed on a platform? Does anyone know or have an experience of such things?

[honeybee13]

Hello there.

 

How high would you say the platform with the shed on it is please? And which part of your house and garden can he see? I don't know if that's all relevant, but it will help us get an idea of the problem.

 

My best, HB

[assisted blonde]

Coucil can lower the fence and then charge you, lower it and plant conifers as suggested it is not worth the argument. also visability of your garden is one thing and not taken too seriously but looking into a house is

[raydetinu]

Planning law is 2m fence does not require planning, anything higher does.

You should get it if no other factors involved. However somebody has objected otherwise they would not have contacted you.

[ericsbrother]

Apply for retrospective planning permission and invite council to send someone round as you were basing the height of the existing fence on the base of your neighbours shed being the ground level! You can also add trellis to your 2m fence and grow something like russian vine up it. that will do the job in no time. Also, if the slats on the trellis are carefuly designed, your neighbour will not be able to look through them at an angle so limit his view.

You could also take up air rifle target practice in your garden and place the pellet catcher on a post at a suitable height so the constant clanging of the pellets splatting on the trap annoys him enough to scurry off

[pinkrat]

Thanks for your replies. The platform is probably 1 1/2 feet high at least. He can see into my hallway when i open my back door. Also before i heightened the fence i couldn't shower with the window open as he could see me. At the height it is now i can open the window a little.

I had an email off the council saying they would pass my concerns to the officer and he would get back to me with options. That was two days ago and i've heard nothing. Seems a bit funny now that the fence is higher he doesn't need to make so many trips to his shed

Thanks Ericsbrother, i am really hoping that he has to lower his shed, then i will lower mine.

[goodatresearch]

If the shed is within two metres of a boundary then the maximum height cannot exceed 2.5 metres. No raised platforms over 300mm. A raised platform is defined as anything more than 300mm above ground level- measured at the highest point and includes decking. I personally would raise your own complaint in writing directly with the councils planning department. They should come out and look at the shed, taking measurements. It maybe your neighbour is breaching planning laws.

[raydetinu]

The boundary is of the main dwelling not a fence half way down the garden.

here are general rules.

http://www.planningportal.gov.uk/permission/commonprojects/outbuildings/

[goodatresearch]

This is incorrect. The maximum height of 2.5 metres relates to buildings i.e. sheds, within 2 metres of a boundary of the curtilage of the house. Under common law a curtilage is defind as the enclosed space and ground delinated by the boundary fence. However, this is quite a complicated area and in my experience open to numerous interpretations. Pinkrat needs to raise the issue with the planning office and/or a good property law solicitor.

[goodatresearch]

Although I stated this is a complicated area, it is well established that the boundary includes the garden fence. if your neighbours breached the rules it could possibly lead to him having to remove or lower the shed.

[pinkrat]

Council have been in touch and are very sympathetic to my concerns. They have no interest in enforcing me to do anything but will have to look at it again if my neighbour persists. Safe for now Am going to be planting a few conifers though aswell. Thanks for your replies

[goodatresearch]

If your neighbour gets pushy the council will be obliged to do something about your fence. Perhaps a quite word with him pointing out that if he pursues this you will have no option to talk to the planning department about the raised shed and its proximity to your boundary

[pinkrat]

I don't speak to my neighbour at all and also the council said i can not do anything about his shed. If her does pester the council i will have to report him to someone for watching everything i do.

[goodatresearch]

Which council department did you talk to? It may be someone who has no legal knowledge and cant be bothered to check with someone who does. Has the planning department been out and measured the shed. Has the planning depatment actually written to you clearly outlining why its not in breach of relevant planning law? Dont take their word for it over the phone. Iv rung my council on another matter and was told nonesense. It was only when I wrote to the correct department and received a letter from someone with the correct qualifications and experience they admitted their previous advice was incorrect.

[pinkrat]

The man i spoke to was the one who sent me the letter. It says he is an enforcement officer for planning services. He said something like the shed could of measured up to 4 metres as the garden sloped and they had to measure from the base of the platform. The garden is exactly the same as mine and we didn't need to put our shed on a platform. Its just on a concrete patio base. I didn't really take it in as he said owing to my problems and the reason i put up the fence he would not enforce it. He said that if it went pear shaped, he would have to look at things again but for now get on with your life sort of thing.

[goodatresearch]

The height of the shed should be measured from the highest ground level adjacent to it. It can be 4 metres in height but not if its within 2 metres of a boundary when the maximum height is 205 metres. However if the planning department is doing nothing about your fence id leave it. If he does complain we can look at it again.

[tezza1234]

why not stick a CCTV camera up in your window pointing 80% toward the garden and 20% toward his shed door, will get your neighbor paranoid as hell but nothing they can do.