Does a new build house need a back/bottom fence?

  Brumas 17:32 26 Jun 2016
Locked
Answered

I suppose only by ringing the Planning department/Land registry will I know for sure but I thought I might ask in case other members have been in a similar situation.

Our bungalow has a burn at the foot of our back garden and across the burn there is a newly built house, which has been for sale for four or five months, and that house does not not have a bottom fence.

Fortunately by judicious planning I have established quite a good hawthorn hedge (only four foot high mind) on my side. This combined with the self seeded saplings on the other side of the burn affords some privacy but it is not 100% and I can see their backdoor quite plainly and, of course, they can see mine! I do not like my privacy violated as it were.

What attracted us to this bungalow in the first place was because across the burn, behind a straggle of trees was an old fashioned country garage stretching across three house widths - complete privacy. When they pulled it down they also cut down the trees which fortunately have come away again.

Getting to the point, does a newly built property, which faces an established dwelling need, by law, to have a back fence?

I would have thought it does as their garden runs down to the burn, as mine does!

  Brumas 17:57 28 Jun 2016

Forum Editor it was all to do with the date of the application, apparently this was 2002 and the Planning Officer couldn't access the records that far back therefore the procedure is to apply online to [email protected]

The canny old blighter who owned the ramshackle old garage must have known the system because he had the first house built (fenced all round) - which took an age to sell, then sold the remaining plot to another developer. The plot became an eyesore and I did realise that quite a long time had elapsed before the second house was built but it certainly wasn't 14 years!

  Forum Editor 18:20 28 Jun 2016

"I did realise that quite a long time had elapsed before the second house was built but it certainly wasn't 14 years!"

In England, you have three years from the date of consent to start work on a building, unless the planning authority agrees otherwise. If you don't start within that period you will almost certainly have to make a new application.

  bumpkin 21:11 28 Jun 2016

* you have three years from the date of consent to start work on a building*

Curious one this as the key word is "start" I am not aware or any time limit for completion. Does digging the founds constitute starting I wonder.

  Brumas 21:37 28 Jun 2016

FE,& bumpkin,that explains a lot! We, the three dwellings across the burn, often saw groups of workmen appearing sporadically and making a lot of noise but no discernible progress. We thought hallelujah they are going to start building the second property but nothing ever happened - they must have just been doing sufficient to keep the planning permission alive.

  Forum Editor 09:24 29 Jun 2016

"Does digging the founds constitute starting I wonder"

Yes, it does. Any form of 'substantial' work constitutes a start.

  Brumas 10:31 29 Jun 2016
Answer

I will green tick this and let you know what the planning application reveals when I eventually receive it.

Thanks for all the info.

  anskyber 15:07 29 Jun 2016

The answer is No unless there is a planning condition which requires it or requires the development to be in complete accordance to the permission and the plans show a fence. It would be possible for a developer to apply to develop without a fence if one was shown on the approved plans with the only consideration being any potential loss of amenity to others nearby. Not, there is a fence shown so it must be constructed.

The FE's point about 3 years only relates to commencement and not completion. The reasons are obvious, if a developer obtains permission for say 100 houses it would be very difficult to see a planning condition passing the test of reasonableness if a completion condition were tried. Otherwise if the LPA thought there was a significant loss of amenity as a result of a failure to complete then a completion notice could be served.

  lotvic 16:00 29 Jun 2016

anskyber, therefore it can be said that the answer is 'Yes' if there is a planning condition which requires it or requires the development to be in complete accordance to the permission and the plans show a fence. I would also add there may have been a condition set in the Deeds that requires upkeep of boundary fences :) Obligation to fence one's land click here

A conveyance deed or a transfer deed may include a covenant requiring the purchaser to fence the land and for him or his successors in title to forever maintain the fence.

  lotvic 16:16 29 Jun 2016

And just to confuse it more... Land Registry click here

11.3 Non-tidal rivers and streams: Where properties are separated by a natural non-tidal river or a stream, the presumption is that the boundary follows the centre line of the water (ad medium filum aquae) so that each owner has half of the bed.

  wee eddie 16:36 29 Jun 2016

Are we talking Stream or Ditch?

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