Am I a scapegoat in deeply inconsistent planning approach?

1 on 9th March 2018

I recently applied for retrospective planning permission for a new fence bordering my property on a housing estate. The 6ft high fence borders a pavement and road on the estate. I have just been informed that the application has been refused because of an existing planning policy encouraging an ‘open plan’ estate. And now I face having to take down the fence. I do understand this. But there are a large number of homes on the same estate which have similarly erected fences up to 6ft high bordering roads and pavements – and the planning authority have taken no action over these. It appears I am the only resident who has been asked to submit a planning application for a fence following the receipt of a complaint about it being erected. The town council were in favour of our application and no objections were made by the highways authority. No-one else seems to have been challenged on putting up a fence – and some of the fences on the estate have been in place for years. It feels as if I am being unfairly singled-out over a planning breach. A cart and horse has been driven through the ‘open plan’ policy by so many on the estate and I appear to be the scape-goat. I was not aware of this policy when I put up the fence, but realise that ignorance is no defence. However, the council seem to be following a deeply inconsistent approach to the policy. Can anything be done about this? Should I appeal against the decision?

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0 5 days ago

Hi Robbo,

In answer to your question, according to General Permitted Development Order 2015, you won’t need to apply for planning permission if:

  • Your new fence adjacent to a highway used by vehicular traffic (or the footpath of such a road) would be below 1 metre high (~3.28 ft.),
  • Your new fence in elsewhere would be below 1.8 metres (less than 6 ft.) high.
  • The fence, wall or gate, or any other boundary involved does not form a boundary with a neighbouring listed building or its grounds.

You need to apply for planning permission if:

  • Your new fence adjacent to a highway used by vehicular traffic (or the footpath of such a road) would be over 1 metre high (~3.28 ft.),
  • Your new fence in elsewhere would be over 2 metres (less than 6.56 ft.) high.
  • Your right to put up or alter fences, walls and gates is removed by an article 4 direction or a planning condition of the local council.
  • Your house is a listed building or in the curtilage of a listed building;
  • The fence, wall or gate, or any other boundary involved form a boundary with a neighbouring listed building or its grounds.

Based on what you said, could you please tell us more about the location of your house as whether the fence is adjacent to a highway used by vehicular traffic or your local council have planning condition or article 4 direction?

If your fence is next to a road used by vehicles, you also could erect or alter your fence to below 1 metre high (~3.28 ft.) which you won’t need to apply for planning permission.

 

If your retrospective planning application is refused, you can appeal against the council decision notice. When appealing or commenting on an appeal you need to consider government planning guidance and the relevant policies, hence, your appeal needs to explain why your proposal complies with these and appropriate grounding for appeal. Particularly, your appeal should express your views clearly, succinctly and logically.

If you need more information regarding Fences, Gates and Garden Walls, please have a further look here: http://www.drawingandplanning.com/do-i-need-planning-permission/i-need-planning-permission-fences-gates-gardens/

 

There are many issues to consider when preparing an appeal, from experience we have found that many scheme’s that have been refused are turned down due to a slight issue that can be easily overcome. The team at DAP with years of experience dealing with appeals will assist you with your appeal.

 

I hope this may help you.

Kind regards,

Vi P

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