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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My bounder fence is next to a foot path and on the other side

Resolved Question:

My bounder fence is next to a foot path and on the other side of the foot path is a children play park. We have had footballs in our garden most day which have hit people broken garden ornaments and plants. I have two large German Shepherd dogs who live in the garden.
So due to the problems we have had we raised the fence an extra foot so it is now 7 and a half foot
This was done over a year ago it doesn't effect any other property. I have had no issues with my neighbours as they understand why it was done
Today I received an email from the planning office to say reduce it. Apply for planning or the will take enforcement against it
I want to know if it is worth fighting we are an end property
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if the play area is council or privately owned please?
Customer: replied 2 years ago.

it belongs to a housing association and they are aware that we have problems and one of their officers came out to see it two weeks ago and wanted to put netting up on top of my fence to prevent the ball coming in my garden I asked why they were not putting it up on their paly area fence. The police are involved as it has been logged a anti social behaviour. My house is private

Expert:  Joshua replied 2 years ago.
many thanks. As I'm sure you are aware, a fence of up to 2 m can be erected without planning permission unless the fence is adjacent to a highway in which case the limit is 1 m. Anything higher than these limits requires planning permission. 7 1/2 feet is a little higher than 2 m my conversion is correct and so the fence would fall the planning permission. You could discuss the matter with a planning officer and depending upon his feedback, you could consider submitting a retrospective application but this does incur fees and the application may not be approved. However, this may be a preferable alternative to removing the fence. Usually, planning officers can give you some good initial feedback as to whether an application is likely to be successful or not though they may ask you to submit a pre-application advice form before they do so. if you either decide not to submit a retrospective application or alternatively to submit one and your application is refused any decide not to appeal, as an alternative to removing the fence entirely, if it is feasible, you can reduce the fence height to be allowed above limit instead to fit within permitted development rules. In terms of the difficulties you are encountering with the play area, this would appear to amount to a statutory nuisance and accordingly, there are grounds for a complaint under the Environmental Protection Act under statutory nuisance, the antisocial behaviour active the behaviour in question is more serious and also using the civil courts under the tort of nuisance. The landowner which from what you say is the housing association, has a duty to ensure that the play area does not adversely affect the enjoyment of your land. This will include the provision of appropriate netting or other boundary features to restrain the majority of all is that are likely to come onto your land. You can ask the local authority to carry out an assessment for statutory nuisance and where they find one exists, the local authority can serve an abatement notice upon the landowner which is legally enforceable as it is a criminal offence to ignore an abatement notice served by the local authority. Alternatively, you can take action in the County Court to seek an injunction against the neighbouring landowner in respect of the adverse issues you are experiencing. to apply for an injunction, you would need form N16A from your local court. From what you say, the housing association appears to be at least initially cooperative and of course if you can resolve the matters amicably with them, this is all the better. The news has issues you are experiencing do not cancel out the need for planning as they are entirely separate matters but the council can consider the nuisance issues you have been suffering when considering any planning application for retrospective consent you make in respect of the fence. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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