boundary fence conflict

[Kveta]

my grandmother needs some advice!

she had a 50ft long/1.8m tall fence on an external boundary(onto a pavement) in Surrey (Waverley Council). it was there when she moved in, and long term town residents have said it was erected by the council. without the fence her garden is open to the main road/pavement.

last year in a storm, a tree fell on it and destroyed the fence, so she had it replaced by an identical one, at her own expense.

she then got a letter from planning enforcement officer on 20th june this year, with 28 days to apply for express planning permission, as apparently replacing the fence is the same as erecting a new structure. she has been asked to take the fence down though.

she has now been informed that an enforcement officer will be coming next week to enforce the council's actions.

she's 87, not in good health, and is worried sick by this, so as I have no experience in this area, I wondered if anyone here can help out?

thanks in advance :)

(btw, found this article which is the same council and does not bode well for GM :()

well, i would ring them. can she give permission for you to talk to them on the phone if she doesn't feel up to it?

explain that it has simply been replaced with one exactly the same and that if they would prefer she took it down and THEY pay to replace it again that's fine, but it seems a bit silly. offer for them to come and check it over maybe?

i wonder, if it is their responsibility, whether they need to have done the work themselves, otherwise if someone got injured on it or something they would not be covered by their insurance?

if that's the case then let them do that, and flog the old fence on ebay!

Sadly the guidelines have now changed and you are not allowed to erect a fence more than 1m high next to a highway.

This does include if you replace a 6ft high fence that has been there for a decade, with another 6ft high fence.

Have a look here www.planningportal.gov.uk/permission/commonprojects/fenceswallsgates/

I am really sorry about your Grandma but she should be able to apply for planning permission to retain the fence, unfortunately this will cost her money for the application.

The reason for the fence height issue is to do with visibility so they issue a blanket ban but grant planning for higher fences where this isn't an issue.

It isn't the best link, there was a better interactive one where it was a bit more clear about replacing a high fence still falling under the 1m restriction.

I only know this because I am a corner plot and was looking at erecting a fence which would be next to a highway.

thank you fizzy will pass the info on to her. it all seems a bit absurd tbh regarding replacing an existing fence being equivalent to erecting a new structure. but hey ho.

My uncle is a planning enforcement officer, and they are very nice and really are there to help (apart from the few rogue nasty ones as in any job). Hopefully they will be able to explain and help, plus they usually give you plenty of time to comply. HTH.

If you read the planning portal link, it says "You will not need to apply for planning permission to take down a fence, wall,or gate, or to alter, maintain or improve an existing fence, wall or gate (no matter how high) if you don't increase its height. In a conservation area, however, you might need conservation area consent to take down a fence, wall or gate."
The key is how long it has been erected. My understanding was if it's been up 10 years no problem, a f quoted a time limit if 4 years, the can't enforce. Tell them to go on google and street view before it was repaired, as evidence. You can get historical aerial photos, to prove it was erected before a certain date. Good luck and stand your ground