Boundary fence limits and privacy

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Boundary fence limits and privacy

Post by thekungfury @ Fri Mar 30, 2012 7:48 pm

Posting in the hot-bed forum

I've read online that the legal height limit for boundary fences is 2m.

Neighbours that back onto our property at a 90deg angle (our side fence) have recently added a single storey extension and the floor height means when they're standing in their new kitchen they can (and do) peer right into our conservatory.

They have also moved their kid's trampoline to the end of the garden so while you're sat there you can see kids jumping well above the fence height (waist high) again peering in.

Final point is they have a security light which would be suitable for calling Batman. A dog in the garden means this is on 90% of the time and it blinds you whenever you set foot in the garden.

So I reckon I need to add about 70-90cm to the standard height fence to retain our privacy which would put us above the legal limit. I can't put in a hedge or anything of a decent size (side return) so what are my options?

I know what the first response will be btw "why don't you talk to them about it?". Well they are mouth breathing knuckle draggers I'm afraid. I've been round a number of times about the dog, the ball coming over and crashing on the conservatory and some general noise. The monosyllabic apathy doesn't bode well for my current predicament.

I was considering blinds for the conservatory but that doesn't solve the problem of privacy in the garden.
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Re: Boundary fence limits and privacy

Post by tanglerat @ Fri Mar 30, 2012 8:12 pm

I've read online that the legal height limit for boundary fences is 2m


Not quite true - you can have a fence taller than 2m if you apply for and get planning permission. How likely that is for you - :shrug:

Consider growing a screening of fast growing bamboo right along your fence. No legal red tape involved in that.

There're other remedies that spring to mind, too.
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Boundary fence limits and privacy

Post by WD40 @ Fri Mar 30, 2012 8:15 pm

When they peer in next, give them the finger.

Or do it back. Whilst nude.

/unhelpful.

In the predicament you describe, assuming your legal research is true, I can't see a way around it that won't end up on Neighbours At War or somesuch.

I thought you lived in a nice area, sufficiently far from The Poor though.
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Boundary fence limits and privacy

Post by Käsemeister @ Fri Mar 30, 2012 8:16 pm

Literally nothing they can do about you raising to the limit, so it is a no brainer, but 6ft isn't a great deal if their extension already has a higher floor level. Nothing is going to tackle the trampoline.

As for the light and the dog, that's council nuisance reportage sadly.

Trebuchet?
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Re: Boundary fence limits and privacy

Post by Tokyo Sexwale @ Fri Mar 30, 2012 8:41 pm

Do the rules include a trellis on top ?

I would consider some large mature shrubs personally.
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Re: Boundary fence limits and privacy

Post by thekungfury @ Fri Mar 30, 2012 8:57 pm

No room for shrubs

Is trellice classed as fence or a get around?
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Re: Boundary fence limits and privacy

Post by Dirk @ Fri Mar 30, 2012 8:58 pm

You are allowed something higher, provided it is set back from the boundary I think. Not sure how far it needs to be set back
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Re: Boundary fence limits and privacy

Post by thekungfury @ Fri Mar 30, 2012 9:00 pm

tanglerat wrote:
I've read online that the legal height limit for boundary fences is 2m


Not quite true - you can have a fence taller than 2m if you apply for and get planning permission. How likely that is for you - :shrug:

Consider growing a screening of fast growing bamboo right along your fence. No legal red tape involved in that.

There're other remedies that spring to mind, too.

No soil beneath the fence (paved) and not much room for growing things.

Planning permission sounds a right pita just for a fence. Last resort I hope.
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Boundary fence limits and privacy

Post by Käsemeister @ Fri Mar 30, 2012 9:02 pm

TKF wrote:No room for shrubs

Is trellice classed as fence or a get around?


Part of it.
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Boundary fence limits and privacy

Post by Käsemeister @ Fri Mar 30, 2012 9:03 pm

Arthur Scherbius wrote:You are allowed something higher, provided it is set back from the boundary I think. Not sure how far it needs to be set back


Indeed, and avoids planning that way too. Our fencing on one boundary is 3m, but it's about 8m back from the line.
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Re: Boundary fence limits and privacy

Post by Strawman @ Fri Mar 30, 2012 9:12 pm

TKF wrote:No soil beneath the fence (paved) and not much room for growing things.


Is there soil beneath the paving slabs? If there is you could drill a few holes to plant a climbing rose in, might be a crap idea if they take years to grow and you can't plant mature ones though.

This one grows to 10-12 feet

http://www.climbingroses.com/cgi-bin/browse.cgi?page=item&cat=13&item=665

This says some rambling roses can grow 20ft in a season, which seems improbable

http://gardening.resourcesforattorneys. ... 502-035150

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Disclaimer - This post is purely speculative and based on little actual knowledge
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Boundary fence limits and privacy

Post by Käsemeister @ Fri Mar 30, 2012 9:21 pm

Strawman wrote:This one grows to 10-12 feet


Then the neighbours / council could require him to cut it down to 6...
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Re: Boundary fence limits and privacy

Post by thekungfury @ Fri Mar 30, 2012 9:23 pm

Käsemeister wrote:
Strawman wrote:This one grows to 10-12 feet


Then the neighbours / council could require him to cut it down to 6...

Doubtful. Or do all trees only grow to 6ft6?

Not practical though. I want a solution this weekend, not in a few seasons.
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Re: Boundary fence limits and privacy

Post by Dirk @ Fri Mar 30, 2012 9:29 pm

TKF wrote:
Käsemeister wrote:
Strawman wrote:This one grows to 10-12 feet


Then the neighbours / council could require him to cut it down to 6...

Doubtful. Or do all trees only grow to 6ft6?

Not practical though. I want a solution this weekend, not in a few seasons.

KM is right, the 2m rule applies to hedges, plants, trees along the boundary IIRC
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Boundary fence limits and privacy

Post by Käsemeister @ Fri Mar 30, 2012 9:50 pm

TKF wrote:
Käsemeister wrote:
Strawman wrote:This one grows to 10-12 feet


Then the neighbours / council could require him to cut it down to 6...

Doubtful. Or do all trees only grow to 6ft6?

Not practical though. I want a solution this weekend, not in a few seasons.


Leylandii et al can grow well over 100ft, but that wouldn't stop the law requiring you to cut them down to the legal maximum height.

As for waiting seasons, if you want to do it with greenery, buy them the relevant height or thereabouts. They're not chillies in pots, they come fully grown from shopsies.
Last edited by Käsemeister on Fri Mar 30, 2012 9:50 pm, edited 1 time in total.
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Boundary fence limits and privacy

Post by Käsemeister @ Fri Mar 30, 2012 9:53 pm

Arthur Scherbius wrote:
TKF wrote:
Käsemeister wrote:
Strawman wrote:This one grows to 10-12 feet


Then the neighbours / council could require him to cut it down to 6...

Doubtful. Or do all trees only grow to 6ft6?

Not practical though. I want a solution this weekend, not in a few seasons.

KM is right, the 2m rule applies to hedges, plants, trees along the boundary IIRC


Not to trees oddly - hence you could have some colossal old oak going up 60ft but flanked by 6.6 laurels. Only applies to boundary plants wot you can't see through.

There's a thought Teeks - Laurels can be bought large, grow bloody fast and are evergreen so will continue to obscure view/noise through the winter too.

On the other hand, move.
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Re: Boundary fence limits and privacy

Post by thekungfury @ Fri Mar 30, 2012 9:55 pm

Arthur Scherbius wrote:
TKF wrote:
Käsemeister wrote:
Strawman wrote:This one grows to 10-12 feet


Then the neighbours / council could require him to cut it down to 6...

Doubtful. Or do all trees only grow to 6ft6?

Not practical though. I want a solution this weekend, not in a few seasons.

KM is right, the 2m rule applies to hedges, plants, trees along the boundary IIRC

Fences = 2m limit
Trees, hedges etc. = no limit

Even in my modest garden I have 5 things above 2m, all within half a metre of the boundary.
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Re: Boundary fence limits and privacy

Post by Dirk @ Fri Mar 30, 2012 10:02 pm

TKF wrote:
Arthur Scherbius wrote:
TKF wrote:
Käsemeister wrote:
Strawman wrote:This one grows to 10-12 feet


Then the neighbours / council could require him to cut it down to 6...

Doubtful. Or do all trees only grow to 6ft6?

Not practical though. I want a solution this weekend, not in a few seasons.

KM is right, the 2m rule applies to hedges, plants, trees along the boundary IIRC

Fences = 2m limit
Trees, hedges etc. = no limit

Even in my modest garden I have 5 things above 2m, all within half a metre of the boundary.

Part 8 of the Anti-social Behaviour Act 2003 allows the neighbour to force you to cut down a hedge to a height of 2m if it being higher would adversely affect his reasonable enjoyment of that property

Good point though, you can stick something higher and he would have to make the case that it does reasonably impact his enjoyment, the law is not absolute.

KM, it does cover trees, unless there are significant gaps: "In this section “evergreen” means an evergreen tree or shrub or a semi-evergreen tree or shrub"
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Re: Boundary fence limits and privacy

Post by thekungfury @ Fri Mar 30, 2012 10:07 pm

Arthur Scherbius wrote:
Good point though, you can stick something higher and he would have to make the case that it does reasonably impact his enjoyment, the law is not absolute.

I do masturbate in my conservatory so...

This gives some idea of the problem. Can't grow anything and continue to use the side return/alley way

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Re: Boundary fence limits and privacy

Post by Isaac Hunt @ Fri Mar 30, 2012 10:08 pm

This post left blank intentionally it is
Last edited by Isaac Hunt on Sun Nov 18, 2012 9:01 pm, edited 1 time in total.
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Boundary fence limits and privacy

Post by Käsemeister @ Fri Mar 30, 2012 10:18 pm

Arthur Scherbius wrote:Part 8 of the Anti-social Behaviour Act 2003 allows the neighbour to force you to cut down a hedge to a height of 2m if it being higher would adversely affect his reasonable enjoyment of that property

Good point though, you can stick something higher and he would have to make the case that it does reasonably impact his enjoyment, the law is not absolute.

KM, it does cover trees, unless there are significant gaps: "In this section “evergreen” means an evergreen tree or shrub or a semi-evergreen tree or shrub"


Exactly. As per my post above - if it forms an opaque barrier, then it can be covered by the act - but trees are unlikely to do so. it is all in principle total bollocks, but the law is an ass etc.
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Boundary fence limits and privacy

Post by DI Burnside @ Fri Mar 30, 2012 10:26 pm

Why was he allowed to build something that overlooks your property so much ?

Just build a fence. It won't affect him at all, and if he does moan about it tell him to fcuk off.
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Re: Boundary fence limits and privacy

Post by thekungfury @ Fri Mar 30, 2012 10:31 pm

crikey wrote:Why was he allowed to build something that overlooks your property so much ?

Just build a fence. It won't affect him at all, and if he does moan about it tell him to fcuk off.

We were "consulted" i.e. we got a letter from the planning office.

Hadn't realised the interior floor would be so high.

I think I'm going to take your advice in the second sentence though.
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Re: Boundary fence limits and privacy

Post by tanglerat @ Fri Mar 30, 2012 10:33 pm

Dunno about the ASBO craic. The High Hedge laws only apply to evergreens, are a right pita to apply for, and are costly to apply for, involving councils.

Get a row of some long rectangular planters and plpant your bamboo in those.

Or, build a couple of masts and erect a taut sail. No, stop laughing, I'm serious. A bit like this: http://www.shadednation.com/ except you'd angle them differently. No law against those.
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Boundary fence limits and privacy

Post by DI Burnside @ Fri Mar 30, 2012 10:34 pm

Probably wouldn't have mattered if you'd objected anyway, even the inept planning department that dealt with our application ignored the 3 objections to our application.
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Re: Boundary fence limits and privacy

Post by tanglerat @ Fri Mar 30, 2012 10:37 pm

plpant?
selfrofl

Yeah, stick up a higher fence. Then it's up to him to complain to the council.

Maybe they'll come oout to inspect. That'll take time. Maybe they'll order it taken down, at which point you apply for pp. Maybe they'll refuse, at which point you appeal. Maybe the appeal will go against you, at which point they'll have to serve an enforcement order, at which point you'll have another 4 or 6 weeks to comply.

Should be good for at least a year or two.
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Re: Boundary fence limits and privacy

Post by tanglerat @ Fri Mar 30, 2012 10:51 pm

Here y'go, scroll down to "Shade Sail Vertical Blind" in the Privacy Screen section of this place: http://www.alfrescoshade.com.au/products.php for a piccie.

Thank me now or thank me later, I don't mind, I'll do anything to help a mate.
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Re: Boundary fence limits and privacy

Post by Turntable @ Fri Mar 30, 2012 11:06 pm

Teeks: Recent permitted development planning rules allow for 4 metres. At least they do for sheds and the like so I assume that applies to fences too.
Ill see if I can find them.
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Re: Boundary fence limits and privacy

Post by Turntable @ Fri Mar 30, 2012 11:18 pm

I can't find the specific new rules for fences, but if you google planning portal permitted development 2010 youll notice that you are allowed to build a gazebo or similar up to 4 meters against the boundary of your property without permission, so I would hugely doubt planning would have anything to say about a fence
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Re: Boundary fence limits and privacy

Post by Dirk @ Fri Mar 30, 2012 11:30 pm

I'd agree with the suggestions to just go for it and let him worry about justifying its removal

FWIW the law is

http://www.legislation.gov.uk/ukpga/2003/38/part/8
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