Planning permission - very high fence

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    Planning permission - very high fence

    This is a new one for me. I have a very happy long-term tenant in a semi-detached house in the midlands. They are happy but for one thing - they have an extremely odd neighbour on the non-attached side who keeps invading their home. I know this is the case because it has been happening for a decade or more.

    The neighbour:

    a) Has repeatedly used their (my) garage flat roof as a platform for repairing the wall and roofline of their property instead of installing scaffolding
    b) Uses a very long (5 metre or so) cutting pole to cut down trees and shrubbery in my tenant's garden (they see the pole going into their property) - it is completely brazen.
    c) Throws items (tree branches and the like) over the fence
    d) Has been cutting branches off my trees (about 5 metres off the ground and metres within my boundary) - they don't like birds and we believe they have also been poisoning birds, but cannot prove that.

    The consequences are not massive, apart from the decimated garden. Contacts with the police have been fruitless (trespass is not a criminal offense etc etc .... therefore they have no remit). it is impossible to demonstrate directly the effect on the garage roof etc -- I think it is more a case of harassment where they do have a remit. Anyway my tenants feel "invaded" and I can fully understand why they feel that way. I know it is generally a good idea to keep out of neighbour disputes involving tenants, but in this case I do not want to keep out. Apart from anything else they are damaging my property.

    Clearly many issues, but the immediate question is that the tenants have asked me if I would install a very high narrow-mesh fence. It would need to be at least 5 metres high in parts to prevent access to my garage and also to prevent tree cutting. I want to put in a planning application to install such a fence, stating specifically its purpose. Would appreciate any advice before I do so, either on the specific issues involved in such an application and the general issue.

    #2
    Trespass is not a criminal offence, but that only covers item (a). (b) and (d) are criminal damage (police) and (c) is fly tipping (council)

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      #3
      You are legally allowed allowed to cut off branches that are overhanging your property, but you should 'carefully' return the cuttings to the original owner.

      So he may think he is within his rights by cutting them off before they start to overhang his property, as long as he throws them back.
      That isn't the case - he's not allowed to anticipate the growth.

      If he's cutting them within your boundry then it's criminal damage to your property.
      This PDF is pretty good at explalining it; maybe your council has something similar you could give to him.
      https://www.google.co.uk/url?sa=t&rc...n-R4qFHil6lsf0

      As far as the garage roof goes, next time he gets up there the tenant should call 999 and report someone attempting to break into the property.
      TBH if he's doing if for access to carry out repairs then it can't be that frequent can it?

      Comment


        #4
        There are two conflicting issues regarding the cuttings:

        1) they remain the property of the owner of the tree, so you could be accused of stealing them if you just put them in the garden waste bin;

        2) you don't have the right to dump your rubbish on neighbours, so you can't just throw them back over the fence.

        I think the normal advice is to offer to return them,but if refused, make your own arrangements for legal disposal.

        Even if you make the cuts in your own airspace, you can still be guilty of criminal damage, if you don't take all reasonable steps to avoid permanent hard or death of the tree.

        Also, if there is a tree protection order,that takes precedence.

        Comment


          #5
          As far as a fence goes you are allowed 2 metres witout PP - 1 metre if it adjoins a highway.

          I think you'd need to show exceptional reasons for a 5m fence between residential properties.

          Comment

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