Legal matters

[Anaar]

Hi guys, seriously need advice. Our very nasty neighbour had planning permission to put a 2.4m fence between the patios. He has started doing the fence and to our surprise attached a black thick plastic sheet to the posts facing our side and proper timber fence on his side. We objected to council saying that on the plan it was timber fence. Guess what - council said it was not a breach because plan shows fence facing him and not us. Is that true? How spiteful

Ok, so you’re stuck with that. So now why not put up some trellis on your side (not attached to their fence but abutting it) and grow things on it. Won’t matter what they put on their fence, you won’t have to see it.

Well if the council say it’s true then yes! They’re not making it up!

So it seems that one need to clarify these things when such an application is put in? Never have I seen or heard that a black sheet can be fixed to your neighbour’s side? Our council is useless in enforcements even what they specify in approvals

Doesn't the planning permission specify the materials? If so, is black plastic listed?

I don't really understand the construction of this fence. A fence normally has one wooden panel between each pair of posts. The panel is visible on both sides. Are you saying this fence has two panels between each pair of posts, a wooden one on his side for his enjoyment and a plastic one for yours (I'm guessing with a bit of an air gap between)?

Hi Muriel, yes you are right. Yes he has put wooden on his side and black plastic sheet on our side (with no gaps). I don’t know how to put photo here. There was no mention of this in application. We thought council will stop this. But apparently he cut put anything facing us despite application saying timber fence. Need legal advice

Hi Justajot,there was no mention of black plastic sheet on the planning application. Application specify timber as materials but the enforcement officer said materials means facing them (not us). Does it make sense?

Can you not take black plastic off so you see the reverse side of neighbour’s wooden panels? That’s what usually happens - one garden gets the ‘good’ side, one the less nice side.

The council always go with the applicant even if he doesn’t follow the conditions. Same neighbour put a fence over 2.4 breaching application conditions. The enforcement said no extra harm
So ok.

Hi justbetween us, the way he has done it you can’t pull plastic off. Bring nasty he might sue saying damaged his property

Unfortunately we just get black plastic sheet side which hd has secured throughly behind
Panels and to the post. He’s leaving gaps between panels so to know if pulled off

Can you put you r own fence up next to it ?

No have a stone wall next to it

How about growing a virginia creeper up it? It's a climbing plant that covers things pretty quickly. It clings on with little tendrils rather than roots and doesn't damage the surface.

opus3number3.files.wordpress.com/2007/10/img_0154.JPG

PS To post a photo take it as usual with your phone, and when you put a message on here tap on the paperclip icon below where you type and select the photo to post.

I would be taking a scalpel or blade and cutting off the plastic sheeting if there was no mention of it in the permission. Refuse to reinstate it and refuse him access to your side to replace it.

So the set up is that the stone wall is the boundary marker, and the new fence is entirely on the neighbour’s land.

They can put up whatever fence they like and if you don’t want to look at at you either extend the height of the wall or grow something to hide it.

If there's a stone wall how can you see the fence? Is the fence above the wall?

(Make the wall higher)?

And it sounds like he didn't need a fence if you've got a stone wall

Take comfort in the fact that the plastic will
make his fence rot as water won’t be able to evaporate!

Grow nice things that climb fast Virginia creeper is wonderful against a black background especially when it turns red

Parish council - get them on board. Invite one of the committee round and get some support.

I’ve never heard of this - you can also escalate the complaint and contact your local mp for advice.

Or- Cover their black plastic sheet with a piece of wooden trellis and grow things up it. Or put some fact ivy over it - if it is above the wall (don’t you need access to the wall on their side for maintenance or is it joint? And once the fake ivy is up cover with lovely led lights on a timer ?

Or put a fence up to cover the plastic and that way if they start taking the fence out to treat it etc it won’t cause you a problem ?

Really we need to see a picture - is it going to block light out? Etc put your patio in shade - change the local keeping etc I’d start by getting local officials out - my old neighbour put 3 m wooden posts in her garden with a fence panels at the top but 3 m into her boundaries. 6 months they lasted until a wind came and blew them over despite the fact they were concreted in - everyday I thought what a twat mowing round them must have been a nightmare.

Hi learningtobefeministagain

We escalated the complaint. Enforcement officer said ok because in planning approval the materials are to fence facing the applicant. Never seen or heard this before.Patio will be in shade as normal fence would have let a little light in.
Wall belongs to us. He cut the capping stones on the top saying they were coming on his side. And this is final product

Trying to put a picture but don’t see any pin icon to post it

@Anaar

How weird, I have different icons at the bottom. Smiley face, Capital I, and @

Are you on the MN app OP?