We had to rip down our privacy fence or face council in court – I’m just protecting our kids… it was only a metre
HOMEOWNERS have been forced to tear down their fences after they were threatened with court action by their council.
After the local authority received complaints over the height of their fences two homes in Lliswerry in Newport, Wales, got letters telling them their fences were over a metre in height without the necessary planning permission.
If they did not bring them down to the legal level they would be taken to court.
The council then received a large number of complaints about other fences in the area and numerous homes were then sent the same letters.
Fearing prosecution all of the fences have now been altered or taken down by the residents in the area.
If a fence is on the highway it requires planning permission if it is planned to be a metre tall or more but fences that have been erected for four years or more can stay.
One of the residents, Michael, who erected a fence around his front garden to allow his vulnerable foster child to have privacy while she played in the garden, said when he first received a letter about the height of his fence he was “in utter disbelief”.
“We’ve had her for seven years now and she’s got a lot of issues and attachment problems and we had it so she could dance in the garden,” he said.
“But when people walk past they would only be nice and say hello to her but she was a bit nervous. She was much happier when the fence was up.
“We had supporting letters from the fostering agency about how it would help if it was kept up but I don’t think it made a difference.
“It wasn’t long up before we had a letter. I was just in utter disbelief. They gave us a deadline or said we’d be in court. So we had no choice in the end.”
A council spokesman said the authority was legally obliged to investigate when a complaint about the height of a fence arises.
They explained how after they sent enforcement notices to two homes in the area following complaints they received a large number of complaints about “different types of means of enclosure” leading to more enforcement notices being issued.
Angela Cureton, who also received an enforcement notice, has taken her fence down completely to avoid court proceedings – as have others in the area.
Lianne Garnett, who lives down the road, hasn’t taken her fence down completely but has altered a part of her fence so it complies with the law.
The other part can stay as it was as it has been there for more than four years.
Lianne called the situation “ridiculous”.
Angela said she “took it personally” to think someone had complained about the height of her fence.
“All my neighbours around here I know very well and it hurts to think that may have happened,” she said.
“Before I had the fence I had a huge conifer there which grew wide and people walking along had to go onto the road to avoid getting hit by the bushes.”
Independent councillor Allan Morris said: “It’s a case of what the council sees as its priorities.
“I would rather see people prosecuted for anti-social behaviour and fly tipping in Lliswerry than see people prosecuted for the height of their fences.”
A council spokesman said: “Newport city council is legally obliged to investigate complaints in relation to breaches of planning regulations and, if necessary, take action including the serving of enforcement notices.
“Enforcement notices were served on two properties in the Lliswerry area after complaints about unauthorised fences were received.
“The council then received a large number of complaints about differing types of means of enclosures for the boundaries of properties in the area.
“Each was investigated but only four were found to be in breach of planning legislation.
“As a result enforcement notices were served in each case.
“Formal enforcement action is a last resort when negotiations have failed to resolve the breach of planning control.
“There is an independent appeal process for people who wish to challenge the notice or an application that has been refused.
“Court action is only taken if remedial action is not undertaken by the property owner and the council would be able to recover its costs.”
The Sun Online has contacted Newport City Council for further comment.
