Man fined £622 and slapped with criminal record for privacy fence mistake – know the rules and avoid the same fate
A MAN has been fined £622 and slapped with a criminal record for a privacy fence mistake.
Southampton homeowner Farhan Khan built a timber fence on top of an existing brick wall.
The fence was more than 1m tall and was next to a road – so it needed planning permission.
But Khan did not apply for permission and was told he had broken the rules.
He applied for retrospective permission, but was turned down by the local council.
In May last year the council ordered Khan to tear down the fence by the end of June.
He tried to appeal the decision, but was too late by this point – and faced prosecution because the fence was still up.
On November 13 Khan admitted failing to comply with a Planning Enforcement Notice at Southampton Magistrates’ Court.
The offence specifically covers failing to meet the requirements of a notice after the time limit has expired.
Khan was fined a total of £622, giving him a criminal record for the fence mistake.
Councillor Sarah Bogle said: “In this case, our Planning Enforcement team took the appropriate action.
“They brought this prosecution to maintain the unique character of the Bassett area.
“The prosecution supported local peoples’ priorities as laid out in the Neighbourhood Plan.”
Bogle said the planning system balances the rights of homeowners and their neighbours.
What is retrospective planning permission?
SOMETIMES a homeowner might make changes to their property without asking for planning permission.
It is legal to apply for planning permission retrospectively.
People who build a structure can apply for permission afterwards.
The council can ask the resident to retrospectively apply for planning permission for any completed work which needs it.
This normally happens when someone complains to the council about the new work.
The same considerations will apply and permission only granted if it is deemed suitable by the local authority.
Retrospective planning applications are not automatically approved – around one in five are turned down.
If the application is turned down, the homeowner may have to tear down whatever they have built.
But if it is approved, the retrospective planning permission is just as valid and legitimate as permission granted before building work starts.