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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.
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.
Of course if it is more than 2m high you will need permission but they should treat everyone the same.
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.
So as long as potential intruders are aware of the risk, you should not have an issue.
Then it is just the Council.
Ask them for their policy on such matters.
They have to treat everyone the same. So it can't be one rule for you and one rule for another
So if the other businesses are similar in terms of height, area and fencing etc, you could appeal any decision
But a decision needs to be made (and refused) before you can appeal
Sorry for the late reply, I was on the train and could not get a signal.
Can I clarify anything for you about this today please?
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.
Article 8 is qualified. This means it is not absolute, such as the right to life.
If there is a law and a legitimate reason it can be curtailed (the right).
As you have the Occupiers Liability Act, this limits Article 8
You MUST apply for permission and have it refused before you can appeal.
If you do not you can not get it appealed or overturned.
You could also seek a Judicial Review once you have exhausted all avenues of appeal.
But if you have vulnerable people then this assists the reason you want
Does this clarify matters for you?
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