Fence dispute

Fence dispute

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Neighbours have removed a small boundary fence and replaced it with large fence completely obstructing the view of loch from our property
This was done without our consent
They are refusing to allow us to replace the original fencing and saying we will be liable fir costs if we remove the fence they erected
Would planning permission have been required?
Please advise who we should contact re fence
Thanks

Question Posted By – Jake In Area – North West Scotland
This question has been asked in a Scottish region any response below will be specific to Scottish Planning Permission or Building Regulation advice.

  1. Do I Need PermissionDo I Need Permission05-18-2017

    Hi Jake.

    Planning permission wise it’s going to depend on the location of the fence, there it is on the principle elevation of a property you can generally only build a fence or wall up to 1 metre in height without planning permission. Where it is not a principle elevation which is normally classed as anything behind the front elevation of a property where that front elevation is facing the main road you can build a fence or wall up to 2 metres in height without planning permission.

    This can change where there is more that one road e.g. corner plots etc…

    There are also restrictions where it is a listed building or in a conservation area.

    Other that planning permission depending on the age of the property some new build developments have restriction written into the title deeds. This might be worth checking if your property have been built within the past 20/30 years.

    Thanks for using Do I Need Permission.

  2. JakeJake05-18-2017

    Thank you Does it not matter that they are completely blocking views ?

  3. Do I Need PermissionDo I Need Permission05-18-2017

    Hi Jake.

    No, unfortunately planning regulation do not allow for views being blocked as a criteria.

    Thanks for using Do I Need Permission

  4. JakeJake05-18-2017

    If it was in a conservation area would this make a difference ?

  5. JakeJake05-18-2017

    The title deeds and plans also clearly state undefined boundary

  6. Do I Need PermissionDo I Need Permission05-18-2017

    Jake.

    If it was in a conservation area it is likely any change to the boundary treatment would require permission.

    If this is the case you should speak to your local planning department, if they felt this is not permitted works they could issue enforcement action which could involve making the owner apply for permission or ordering alteration to the works to comply with what they feel is acceptable.

    Thanks for using Do I Need Permission.

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