Dog acts /laws advice

(32 Posts)
Aprilshowerswontbelong Tue 15-Jan-19 09:31:13

Previously posted about my wall saga regarding ndn attempting to take down my wall.
So, ndn assured us the wall was his and needed repairing, spent months tormenting us that it was going to be a low wall. We rent and have 4 ddogs including a Husky. We moved here so ddogs can be secure and safe. One day when we were out he started taking rows of bricks off!! Ll sent a builder who levelled it off and took some broken bricks off leaving the wall about a foot and a half lower. At my insistance they fixed a trellis fence along our side of the wall to original wall height.
Someone has complained to the council about the fence.
Apparently it needs planning permission for the fence and even to have the wall repaired @a cost of £206.
Fence needs down ASAP.
If I do this ndn will more than likely resume the dismantling of the wall.
And my Husky will be gone I imagine.
I need to quote some sort of law /act (to yej council) that I have a duty /responsibility to keep my ddogs housed beyond escaping to enable me to keep the fence until ll can get the wall repaired - which was the plan for better weather as bricks +cement in winter is a no no I am told.

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Judashascomeintosomemoney Tue 15-Jan-19 09:38:03

Didn’t see your previous thread, but ndn just wants you and your dogs to move presumably, knocking down bricks and then (presumably) complaining about the fence. Anyway, I’m confused as to why you need planning permission? Is it a listed building, conservation area or adjoining a pathway? Did the fence increase the original height? You can have a fence up to two metres high (as long as it isn’t along a pathway) without planning permission. And why is your LL allowing the neighbour to partly demolish his wall?

Aprilshowerswontbelong Tue 15-Jan-19 09:43:13

The house is listed, wall isn't but need pp due to being attached to listed building. Fence does not increase original height but original height is the height the wall is now since being reduced not the actual original height (?!). Ndn doesn't even live there as it happens anyway!! Ddogs do not bark, and cannot be seen as the wall was over 8 foot!
He is an odd man with too much time on his hands! If he had said in the summer our wall needed repaired all well and good, he stated it was his.

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Detoxpup Tue 15-Jan-19 09:48:41

It is your responsibility to keep your dogs in your property not your ndn.

So if he wants to change his wall and is in line with the law etc he can do so.

You will have to erect an alternative fence wall etc on your land to keep your dogs on your property. This of course will also have to comply with planning permissions etc

Aprilshowerswontbelong Tue 15-Jan-19 09:50:16

Except it isn't his wall....

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ferretface Tue 15-Jan-19 09:51:32

Put your own fence or wall up inside your own boundary and note to your NDN it is inside your boundary not on it?

Judashascomeintosomemoney Tue 15-Jan-19 09:53:55

Ah, I see. But (even though the wall wasn’t listed), if you need permission to attach a fence to it, surely the ndn should have sought permission to partly demolish it wink, maybe make a complaint? Anyway, how long will planning permission take? Will the LL pay? Also, not certain but there may be something in the animal welfare act regarding keeping dogs safe and secure in an enclosed environment but I think the issue will be that it won’t mean you have the right to do so in any property you choose IYSWIM.

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Aprilshowerswontbelong Tue 15-Jan-19 09:56:23

The original wall belongs to my house. He denied complaining about the fence, planning involved now so need pp regardless of how to proceed. I need to quote something to the planning officer to enable me to have the ddogs contained via the fence until better weather for wall build. He quoted me all sorts of regs to get it down. Ndn won't care if my ddog escapes. May do if the rotty gets him - then she faces pts. sad

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Judashascomeintosomemoney Tue 15-Jan-19 10:03:46

Yes I suppose once planning involved there’s no way round it. But you’re only in this position now because ndn started to demolish the wall, is that correct? So, who gave him permission?

Aprilshowerswontbelong Tue 15-Jan-19 10:11:47

Correct. Nobody gave him permission!! He did it while we were out . Poor ddog (10st) was on top of ds's play house trying to get him! Ll would have to take private action and doubt he will. Its just a rental property to him. Reminded the agency we pay rent and need it sorted!! Afraid we get home to no wall one day and no ddogs. He can't the fence off his side - unlikely to drop down into teeth filled back garden!!
Going to ring the agency today and send pp forms on. What a lovely start to the New Year.
Cf is nice to our faces. No feud as such, just his entitlement. He told us planning man told him he could take it down to 6 feet!! Obviously no such conversation ever took place.
Dh will let rip at next wall chat I imagine and he hates any confrontation.

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tabulahrasa Tue 15-Jan-19 10:26:46

If it’s not his wall - why are you not just phoning the police?

Aprilshowerswontbelong Tue 15-Jan-19 10:35:54

It's a civil matter apparently. Won't get involved.
Planning man advised we try to get along!! I haven't done anything wrong!!

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Judashascomeintosomemoney Tue 15-Jan-19 10:44:08

It doesn’t have to be the LL who reports damage to a listed building (sometimes it will be the LL that did the damage) you could report your wall being demolished to Historic England yourself. Though I suppose even if ndn was required to put damage right it would take time you don’t have. I doubt the requirement for you to contain your dogs will supersede the requirement to not allow a ‘new’ fence on a listed building unfortunately. But, if you are renting on the basis it was a suitably enclosed garden then your ‘fight’ is with the LL/Agent. You may be allowed to erect temporary fencing inside the boundary, maybe call Historic England and see what they advise, and if you can then ask the agent to get the LL to arrange it.

Detoxpup Tue 15-Jan-19 10:59:33

Really confused by your posts - so the wall belongs to your property?

If yours obviously ndn is at fault for removing bricks- you do not need to wait until the summer to replace the bricks. Chase the LL

You will not need planning permission to put the wall back to its original position height etc unless it broke the regulations

If you are adding to the wall of course you need to ensure it fits with regulations.

There are no rules that give dog owners the right to have higher walls to contain their dogs.

It sounds like you are leaving your dogs unsupervised in the garden when you are out - there are many issues with this.

tabulahrasa Tue 15-Jan-19 11:39:25

“It's a civil matter apparently.”

It’s a civil matter if you report a boundary/ wall dispute

It’s not if you report someone damaging your property

DogInATent Tue 15-Jan-19 12:00:54

The simple point of law is that it's your responsibility to keep the dogs secure. Who's responsible to the wall or what happens to it is confusing and there's not enough to go on (I haven't gone looking for the other thread).

If you're really just worried about the dog, put up some posts inside the wall with either fence panels or wire mesh. Then no matter what happens to the wall your dogs are secure. It maybe won't look pretty, but if the dogs are your primary concern that shouldn't matter. At last they're secure until things are resolved between you, the letting agent, the landlord, the neighbour, and the planning authorities.

Aprilshowerswontbelong Tue 15-Jan-19 12:43:04

My ddogs are unsupervised during school runs only as dh is a sahp. The planning officer told me yesterday that the height the wall is here and now is regarded as original height not as it was. Bizarre I find. So to put it up to actual original height is changing it so needs pp. Scam to get £206 imo.

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Judashascomeintosomemoney Tue 15-Jan-19 12:47:48

put up some posts inside the wall with either fence panels or wire mesh. Then no matter what happens to the wall your dogs are secure
OP has explained it’s a listed building so she can’t just do what someone in an unlisted property can. She likely can’t even do the repairs to the wall, even if it is put back the same way as the original, without relevant permissions. Her issue is her ndn removed part of the wall without permission (ps I agree with pp, that’s property damage and not a civil matter) and how to get this sorted quickly so her dogs are secure.

Judashascomeintosomemoney Tue 15-Jan-19 12:50:49

OP will the planning dept let you have that HERAS style temporary fencing in the meantime til you get the issue resolved?

Detoxpup Tue 15-Jan-19 12:59:03

The planning officer is wrong. You need evidence of the original wall height before you neighbour removed bricks. eg photos or other neighbours statements to confirm original height

Aprilshowerswontbelong Tue 15-Jan-19 13:00:14

They want the fence off ASAP. Was hoping for some legislation to keep it up until the garden is ddog safe again. As in for a public safety matter not my personal preference. Not being entitled just want my ddogs safe. They are never left at all but big house and can't monitor goings on out the back all the time. Husky is an outside lover rain /shine and shutting her in would make her miserable. Dh wants to just move which is very drastic but he hates commotion. Had considered putting 2 sheds up along the wall!

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Wolfiefan Tue 15-Jan-19 13:04:27

Your neighbour is probably pissed off if your dogs are left outside at all hours. You say they’re not left but that you can’t monitor their “goings on”. Four big dogs shut in the garden? Not really fair on them or neighbour either.

Aprilshowerswontbelong Tue 15-Jan-19 13:40:37

Ndn does not live there. Ddogs have a huge house and garden. Not sure what school you use but our school run is 9 and 3. Not at all hours.

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Wolfiefan Tue 15-Jan-19 13:47:54

You say you can’t “monitor” them all the time. You imply they are outside all hours and it didn’t sound like you were out there with them. That isn’t ideal at all.

Aprilshowerswontbelong Tue 15-Jan-19 13:49:36

At no point did I say my ddogs are left outside. They have access to outside all day, 2 mostly live on my sofa tbh. And goings on was in concern of having the fence down and Husky trying her luck on a lower wall. Do you stand supervising your ddog 24/7?

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