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Legal matters

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Legal matters

36 replies

Anaar · 11/10/2021 21:26

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

OP posts:
DrinkFeckArseGirls · 13/10/2021 16:04

Maybe the OP is new on MN, I think newcomers can’t post photos for a year?

simitra · 13/10/2021 17:16

Dont damage his fence as he could take you to court for criminal damage. You can only remove anything that is actually over the boundary on "your" side. From what you have said I am assuming the black plastic backing is on his land.

If the fence is entirely on the NDNs land I believe he can have what he likes facing your side. If you dont like the look of it you will have to install something on your side which blocks the view. As other posters have suggested either raise the height of your existing wall or install some trellis along the top and grow plants (or possibly establish fake plants) onto it to block the view of NDNs ugly black plastic sheeting.

Mummylion2G · 17/10/2021 20:35

This reply has been deleted

Message deleted by MNHQ.

SueblueNZ · 17/10/2021 20:58

@Mummylion2G
You need to start your own thread to get responses. The Family Relationships board on here would be a good place for your thread as there will be lots of MNers with experience of what you are going through.

Mummylion2G · 17/10/2021 21:18

Sorry, I'm new. Still trying to navigate. Apologies all

SeasonFinale · 17/10/2021 21:24

Could it be possible that the plastic sheet is temporarily there while they are going to spray paint the fence a colour on their side and it is to prevent it coming through onto your patio?

Have you asked them if the planning for that to be permanent?

Anaar · 17/10/2021 23:33

Hi Seasonfinale

Going by the past experiences with them, consideration is not high on their list. It is definitely a permanent item to make them happy (in our misery). What I am surprised to learn is that even after a planning application which species materials this is allowed?

OP posts:
Animood · 17/10/2021 23:37

The only way you're going to know if it's allowed is to get all the paperwork and look through what was allowed properly.

Anaar · 18/10/2021 00:10

Hi Animood

On the paperwork it is planning approval for a timber fence of 2.4m (they originally wanted 2.8m) between the patios. They have put timber on their side but put plastic material on our side. Bemused because enforcement said that application showed timber on their side and they can put anything on other side

OP posts:
Justajot · 18/10/2021 16:59

Is there a higher level of planning officer to appeal to? The implication of the advice you've had so far is that anything goes, which is a bit contrary to normal planning rules.

Greydaysandrainbows · 18/10/2021 17:03

@Anaar

Hi Animood

On the paperwork it is planning approval for a timber fence of 2.4m (they originally wanted 2.8m) between the patios. They have put timber on their side but put plastic material on our side. Bemused because enforcement said that application showed timber on their side and they can put anything on other side

I’ve argue that back ‘anything’ timber fence is timber on both sides. Can they put fur on your side? Dead meat? I’d go to my mp
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