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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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Planning Application and FenceMy Fence is 10cm

Customer Question

Dear Sir or Madam

Re Planning Application for Gates and Fence.

My Fence is 10cm higher than maximum 2m height allowed under permitted development. A neighbour has complained to the local council about my fence as he prefers not to have one and would like it to be taken down! As a result I have been asked to apply for planning permission following complaints by this individual and his friends , which I have done. He is now publishing false and malicious comments on the council website including comments about my house that it was not constructed properly etc, which can affect future sale value of my property. I have spent considerable time and money on an architect and structural engineer and there is some element of hatred and jealously towards me by this elderly neighbour. One of them has made comments implying that this fence should be removed as he doesn't like it . The fence is for the safety and security of my family and I have a right to have one within my boundary. It is not for the council , neighbours or anyone else to decide if I am allowed to have one . The public is only being asked for comments about the planning application because of height of the fence which is 10cm higher than it should be under permitted development and The gate posts which are 25cm higher(2.25m due to the size of the gates). I find it shocking that people are allowed to publish comments which the council has allowed on their website which do not relate to the planning application and are of a personal and derogatory nature. These comments can be viewed by all and can reduce the sale value of my house if I was to sell it in 10 or 20 years time. What legal action can be taken against these individuals who have resorted to petty and harassing comments which do not relate to planning application. The neighbour has a history of making false complaints and harassing me and my family because of a boundary dispute  and police has been involved in the past.

I would like the council to remove comments from individuals which are of a personal nature

Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
Ok to wait. Headline is a misnomer perhaps.i need legal advice not planning advice thank you
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 10 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 10 months ago.
Hello,
Please understand it is rare for us not to be able to find the right Professional to assist our customers. We can close this question and return your good faith deposit to the original funding source on request.
Please let me know how you wish to proceed and again I apologize for any inconvenience this may have caused.
I hope you will give JustAnswer a try again in the future,
Nicola
Customer: replied 10 months ago.

it seems no one would like to answer this so please close it

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