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Can I erect a fence in my garden in front of my neighbours’

Postby south1 » Sat Oct 05, 2013 10:55 pm

My neighbours made an application to insert translucent windows at the back of their house which was refused because they will cause a loss of privacy of the others neighbours because there have never been any translucent windows at this place.

To overcome this refusal these neighbours made an application which was granted to them for a certificate of lawful development so that their house which was split into flats is now considered as a single dwellinghouse Then these neighbours made another application for another certificate of lawful development to finally be allowed to insert these translucent windows which was granted to them because now that their house is considered as a single dwellinghouse it is permitted development for which planning permission is not necessary.

If I cannot prove that what these neighbours have done is illegal I would like to know if the solution is not simply to erect a fence in my garden no higher than 2 meter in front of them of these translucent windows. However I wonder if this will not be considered as harassment because in case the insertion of these translucent windows was legal this will block the light front entering into their property
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Re: Can I erect a fence in my garden in front of my neighbou

Postby Slartibartfast » Sat Oct 05, 2013 11:02 pm

There are a couple of similar discussions underway at gardenlaw.co.uk which relate to the same scenario. Last time I looked, the consensus seemed to be favouring a 2m screen of trellis and climbing plants, erected a foot or two in front of the window. This provides privacy, but still allows a fair amount of light through.
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Re: Can I erect a fence in my garden in front of my neighbou

Postby south1 » Sat Oct 05, 2013 11:36 pm

The case you refer is a different case because it refers to windows which are there for many years ago

I would like to block their light to force them to negotiate. Maybe we can enter into an agreement for example I remove the panel in front of their windows and them in exchange their replace their translucent windows by frosted windows in all their windows including the upper windows so that my privacy is restored
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Re: Can I erect a fence in my garden in front of my neighbou

Postby Slartibartfast » Sun Oct 06, 2013 12:28 am

south1 wrote:I would like to block their light to force them to negotiate.


Yes, that might be enough to get them to agree to frosted or patterned glass. But they might not want to negotiate, and if they have access to lawyers the other option is to seek an injunction for the removal of the barrier. Right to light, easements and estoppels etc. I have no idea if they would be successful, but it could get quite costly and nasty.

Have you tried talking to them about your concerns and seeking a neighbourly solution? Possibly a waste of time, but a judge will surely expect that it is attempted before more extreme measures.
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Re: Can I erect a fence in my garden in front of my neighbou

Postby south1 » Sun Oct 06, 2013 12:09 pm

Concerning these neighbours' right to air it should be ok by not putting the fence too near of their windows.

However these neighbours can claims a right to light however this form of easement according to the Prescription Act 1832 is acquired only after the windows being in place for twenty years
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Re: Can I erect a fence in my garden in front of my neighbou

Postby atticus » Sun Oct 06, 2013 12:51 pm

You may face a claim under the tort of nuisance.

Plant a tree on your land, suitably sited, then let it grow? A nice spreading cherry tree will give you some beautiful blossom in the Spring.
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Re: Can I erect a fence in my garden in front of my neighbou

Postby south1 » Sun Oct 06, 2013 5:43 pm

One defence could be to say that it is allowed by statute. Anyone is allowed to erect a fence around his property no higher than 2 meter. Moreover nothing reaches the land of these neighbours no noise, no smell and no object. Anyone is allowed to protect his privacy and to be protected from trespass in his land through these windows. Otherwise what will be the point to wait twenty years according to the Prescription Act 1832 to obtain a right to light if anyone can issue a claim under the tort of nuisance if he does have it before twenty years.
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Re: Can I erect a fence in my garden in front of my neighbou

Postby blig » Sun Oct 06, 2013 10:25 pm

Anyone is allowed to erect a fence around his property no higher than 2 meter.


Not quite stated correctly: in general, planning permission is required to erect a fence around a property more than 2m in height
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Judicial review by a third party

Postby south1 » Thu Oct 10, 2013 8:06 am

I have read that a third party can judicial review the granting of planning permission to a neighbour. He should do this within three months. However what happen if this third party is made aware of the granting of the planning permission only after the three month deadline maybe only when the work starts. Can this third party be blamed for not having queried about the result of this planning permission after having been consulted?

Moreover subsections (7) and (8) of section 193 of the Town and Country Planning Act 1990 as amended by the Planning and Compensation Act 1991 provide that a Local Planning Authority (LPA) can revoke a Lawful Development Certificate (LDC) if a statement was made, or document used, which was false in a material particular; or any material information was withheld.
I would like to know if a neighbour can inform the LPA that another neighbour has obtained a LDC by withholding important information. In case the LPA refuses to revoke this LDC I would like to know if the neighbour who complained can challenge this decision by way of judicial review.
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Re: Judicial review by a third party

Postby atticus » Thu Oct 10, 2013 8:26 am

Was the neighbour notified of the application? Has he got a remarkably exceptionally stonkingly good reason for not knowing of the application and not taking steps to find out what decision was made?

If this neighbour has critical information which he believes should have been made available but which was withheld, he may be able to persuade the planning department to revoke the permission. I would advise him not to hold his breath.
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