Here you are Mrs DV. There is also a Supplementary Planning Document on residential alterations but it only deals with extensions and front boundary walls so I haven't mentioned it.
Dear Mr/Mrs Case Officer,
Re: Planning application ref. xxxx at [your neighbour's address]
I am writing to object in the strongest possible terms to the planning application for the erection of a 2.3m fence at [your neighbour's address]. The fence has already been erected and consequently this is a retrospective application.
I believe the proposal to be contrary to your adopted and emerging development plan policies. I note that the adopted Unitary Development Plan for [your Council] has policies which are intended to protect neighbouring properties from the adverse impact of householder developments. In particular, Policy BHE3 states: 'The Council will seek to ensure that proposals do not harm the local environment or the amenity of neighbouring occupiers. Permission will be granted for development if it...provides a satisfactory level of sunlight, daylight, privacy and outlook for occupiers of existing and adjoining properties'.
I also note that the Development Management policies in your emerging Local Development Framework have been consulted on. Policy DM4 reiterates the requirement to not adversely impact on the outlook, sunlight or daylight enjoyed by neighbouring properties.
As the fence is already in situ it is possible for me to establish the precise impact it has on my property. This is, without doubt, an adverse impact.
Firstly, it is oppressive. When I stand in the garden it is clearly taller than it needs to be in order to ensure a suitable level of privacy. It is overbearing, as it extends the full length of my garden, and is almost a metre above my head height. There is no relief from it. Wherever I look along that boundary, it is there. It also reduces my outlook from the garden. Although I do not wish to overlook neighbours' gardens, the fence reduces the general perception of spacious, suburban back gardens surrounding me, which I previously enjoyed. The skyline has been raised and I feel more enclosed.
Secondly, it reduces the amount of daylight and sunlight I enjoy. The fence is on the south western boundary of my property. This is also the direction from which I receive the most sun as not only does the sun come from that direction in the early afternoon, but also it is the greatest distance from other houses which might overshadow my property. My garden is of a reasonable size, but it is narrow. As such, the additional height to the fencing has a proportionately greater impact than on a wider plot. It overshadows my plants which need sunlight to grow. As the fence extends the length of the garden I have nowhere to move them to where they might get the sunlight they need. My plants are integral to the enjoyment of my garden.
I appreciate that the fall back position is the erection of a 2.0m fence, as permitted development under Schedule 2, Part 2 of the Town and Country Planning (General Permitted Development) Order 1995. Nevertheless, it is clear to me that it is the additional 300mm above the permitted development limit which leads to the adverse impact outlined above.
There is a reason that the long standing permitted development rights for fences are 2.0m; because this is considered to be a sufficient height to maintain privacy whilst not impinging on neighbours' amenity. I understand that 2.0m is not a limit of acceptability and that fences above this height simply require planning permission. It is not an indication that planning permission will be refused. However, the rationale behind the requirement for planning permission is that the impact of the proposal can be properly considered. Given the points I have made above I consider that the fence has an adverse impact and therefore should not be granted planning permission.
The precedent this development will set is also of concern. If my neighbour is able to construct a 2.3m fence, then I should also be able to. So should the neighbour on the other side, and so on. As a consequence, the whole street would suffer from a loss of amenity as I have. This cannot be acceptable.
The 2.3m fence has an adverse impact on my amenity. Consequently, in light of your adopted development plan policies which are intended to protect the amenity of neighbouring properties from the adverse impacts of development, the application should be refused.
I thank you for your attention in this matter.
Yours sincerely,
Mrs DeVere