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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Am i within my rights to protect my property with razor wire

Resolved Question:

Am i within my rights to protect my property with razor wire around the rear.
The wire is along the perimeter above 2 meters in hight.
I have been broken into twice causing considerable damage and had numerous attempted break ins causing great distress to anyone inside.
I already have window and door bars on the rear ( although this causes a problem in the event of a fire as it it bolted externally) and have cctv.
These two alone have not detered these incidents.
The razor wire has been inspected by the police and i have been told it is legal and just. Unfortunately the council say it must be removed for cosmetic reasons and they are not concerned about the break ins. If i remove this i WILL be subject to more attempted break ins and will still have a fire risk at the rear because of the steel door.
Thank you
Mr Blackledge
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Have the Council said you need planning permission please?
Customer:

They have said i need planning permission but if i do apply they will automatically refuse it. They said there is no way they will allow it no matter what the risk is. As they say it is above 2 meters and is not cosmetically pleasing to the area. Although there are two more businesses with barbed wire around there property within the same street.

Alex Watts :

If there are two more businesses and the circumstances are similar in terms of height etc then you could appeal it on the grounds they are not being consistent.

Alex Watts :

Of course if it is more than 2m high you will need permission but they should treat everyone the same.

Alex Watts :

The only difficulty I can really see is if someone is injured. You have a duty under the Occupiers Liability Act to keep everyone safe (including uninvited visitors) so you need to make sure they are adequate warnings.

Alex Watts :

So as long as potential intruders are aware of the risk, you should not have an issue.

Alex Watts :

Then it is just the Council.

Alex Watts :

Ask them for their policy on such matters.

Alex Watts :

They have to treat everyone the same. So it can't be one rule for you and one rule for another

Alex Watts :

So if the other businesses are similar in terms of height, area and fencing etc, you could appeal any decision

Alex Watts :

But a decision needs to be made (and refused) before you can appeal

Alex Watts :

Sorry for the late reply, I was on the train and could not get a signal.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

No one has been injured YET, but that doesnt meant they wouldnt be? I have read that under human rights law regarding property, no goverment or council can intervene with the protection of a property aslong as it is peacefully done and is legal which this wire is. Not all councils want planning permission which means it is not a standard rule to refuse it ? The council have made it very clear that they wont allow it even if an appeal is made. I have had this problem in past with signs on a street full of businesses. I feel as though i am being discriminated against. I have very vulnerable people at the propery as we deal with rehabilitation of injuries and people suffering woth psychological problems. Does this make a difference as withput this wire these people ARE at risk.

Alex Watts :

Article 8 is qualified. This means it is not absolute, such as the right to life.

Alex Watts :

If there is a law and a legitimate reason it can be curtailed (the right).

Alex Watts :

As you have the Occupiers Liability Act, this limits Article 8

Alex Watts :

You MUST apply for permission and have it refused before you can appeal.

Alex Watts :

If you do not you can not get it appealed or overturned.

Alex Watts :

You could also seek a Judicial Review once you have exhausted all avenues of appeal.

Alex Watts :

But if you have vulnerable people then this assists the reason you want

Alex Watts :

Does this clarify matters for you?

Alex Watts :

 


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