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St Mawes artist wins her battle to lower fence obscuring view
St Mawes artist wins her battle to lower fence obscuring view

BBC News

timea day ago

  • General
  • BBC News

St Mawes artist wins her battle to lower fence obscuring view

An artist has won her battle to get a fence lowered so that villagers can once again enjoy an unobstructed view of the Fuller, of St Mawes on the Roseland peninsula, had fought for more than a year to get the 1.5m (5ft) fence lowered to restore the view of Tavern campaign, which included photographs and her own original paintings to illustrate her point, has now resulted in the parish council agreeing to reduce the fence to its original 90cms (3ft).Ms Fuller said: "I cannot understand why they wanted to do anything to spoil the view in this beautiful place and that was the whole point of my argument." Ms Fuller said she created the before and after paintings in order to prove her point to the parish council."A year ago I spoke about this matter and I was entirely on my own," she said. She said her protests led to a site visit in November 2024 but it took several more months before the council agreed the fence could be lowered."So I have been on this journey for over a year," she said. Fellow artist Ruth Hazlitt, a member of St Mawes Art Group, said the higher fence was "hideous" and "nonsensical".She said previously there was a clear view of St Anthony's Head, Summers Beach and the open sea and across to Falmouth."It's a wonderful spectrum of vision," she said. Councillor Sheelah Goldsmith, from St Just in Roseland Parish Council, said they had agreed to lower the fence in response to local feeling and after checking height regulations."We weren't sure about the regulations so the fence was put up and at the first meeting we were really worried about the insurance," she said a second council meeting it transpired the height of the fence could be Goldsmith added: "I'm really pleased, I think the 500 signatures backing the idea of the fence coming down needed to be recognised and also the legalities, that fact that it's perfectly legal to be 3ft (90cms)."

Nursery wins fight against 'ridiculous' council order to tear down 6ft privacy fence around playground due to 'single issue'
Nursery wins fight against 'ridiculous' council order to tear down 6ft privacy fence around playground due to 'single issue'

Daily Mail​

time3 days ago

  • General
  • Daily Mail​

Nursery wins fight against 'ridiculous' council order to tear down 6ft privacy fence around playground due to 'single issue'

A nursery that was at war with a 'ridiculous' council that had ordered to tear down a 6ft fence built to safeguard children has won its fight. Imperial Day Nursery, in Westcliff-on-sea, had launched an appeal against Southend Council last year after it ruled that it must remove or reduce the height of a huge fence that towers at the front of the property. An enforcement notice was issued by the local authority demanding it be ripped down or amended to a maximum height of 3.2ft within three months. But now, bringing an end to a years-long feud, the nursery has been told it can keep its fencing as the Planning Inspectorate decided it was not 'prominent' or 'out of keeping' with the character of the local area and criticised the council for 'unreasonable' behaviour. When MailOnline had visited last October, parents had expressed their fury at the council, accusing them of prioritising the 'aesthetics of the street' over the safety of their children. But neighbours living on the residential street in the seaside suburb branded the fencing as 'terrible and unsightly' and wanted it torn down. The nursery first became engulfed in the planning row in 2022 after a complaint was made regarding the structure which was erected without proper planning permissions in place. Imperial Day Nursery then lodged a retrospective planning application, but the council rejected it, claiming it was 'visually prominent and stark' and 'out of keeping' with the surrounding area. The nursery then stepped up its fight by appealing the council's enforcement action - which has led to a victory. Andrew Walker, a planning officer within the Planning Inspectorate, reversed the council's decision after a site visit in which he ruled the fence and other structures could stay intact, EssexLive reported. He stated in his decision: 'I do not find that either appeal scheme appears visually prominent, stark or materially out of keeping within the local context. 'No harm is caused to the character and appearance of the site, street scene or area. 'The degree of fencing upon the frontage under both schemes is reasonably necessary to separate the private residential section from the commercial nursery section.' The nursery has also been granted a full award of costs against Southend City Council in addition to having the enforcement notice quashed and planning application granted. The costs decision reads: 'The Planning Practice Guidance advises that costs may be awarded against a party who has behaved unreasonably and thereby caused the party applying for costs to incur unnecessary or wasted expense in the appeal process. 'The Council refused the planning application and issued the subsequent enforcement notice on the basis of a single main issue. 'Its case, which continued to be pursued in defending the ensuing appeals, was that the appeal developments significantly harmed the character and appearance of the site, the streetscene and the area more widely. 'I disagree with the Council on this matter of planning judgment. That would not by itself be a basis for a finding of unreasonable behaviour. 'However, the local presence of the very extensive and high close-boarded fencing serving the Essex County Bowling Club, with very long sections directly abutting the highway - quite close to the appeal property and on the same side of Imperial Avenue – does not appear to have been considered at all by the Council in coming to its view. 'There is certainly nothing in the officer reports (on each appeal scheme) which refers to it. 'Indeed, they say that 'The streetscene in this part of Imperial Avenue has a strong open character with low front boundary treatments…' To make that statement without mentioning, considering or assessing the very obvious and substantial nearby counterexample was both amiss and unreasonable. 'It seems to me that, had the single main issue in dispute been more properly assessed, there would have been no need for the appeals to have been made in the first place and that the appellant has been put to unnecessary expense. 'I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has been demonstrated and that full awards of costs are justified in respect of both appeals.' Speaking to MailOnline outside the nursery, parents had previously told of how they felt safer with the structure being in place. They say that prior to its use, strangers could easily peer into the 'baby room' at the front of the building, and that the fence also allows children to safely play in the outdoor area in front of the property. One mother, Natalie Toby, said: 'I'm a security advisor so from my point of view, it keeps children hidden away from the public walking past. 'You can't really see where the front door is unless you go all the way down there, so they're keeping access routes nice and tucked away. 'The nursery has been here for 30 years so I don't see why the council are applying the same rules that they would to domestic dwellings. 'New-build schools are being built with fence lines not dissimilar to this, so why are they not allowing this? 'Surely the safety of the children is more important than the aesthetics.' She told of an incident, before the fencing which blocks the window of the front room was erected, when a postman unintendedly dropped heavy parcels through the window of the baby room. She added: 'So it's not just about keeping it closed off from people with malicious intentions, it's accidental things as well. 'They've got vulnerable children in that front room, and having the fence up keeps the babies safe. 'It's ridiculous, I don't understand why the council are being so stubborn about it. 'Surely safeguarding children and their safety is paramount to aesthetics. 'I don't want my daughter in a room where people can just walk past and look through.' Another parent had echoed the same concerns, saying: 'As a teacher myself, I understand the importance of safeguarding children, and I wouldn't want the fence to be taken down. 'My daughter goes to this nursery and my eldest just started school but she went here the whole way through. 'It's a brilliant nursery and they've got the best interest of the kids at heart. 'Prior to it being like this, you could see into the baby room. 'When my eldest was in the baby room, you could see her, you would be able to wave. But obviously, that's different as a parent than a stranger being able to look in. 'It feels a lot safer now, knowing that no-one can see in or get in easily. It's very secure. 'Having the fence also means they can use the outdoor space for kids. I think they have Santa there at Christmas and stuff like that.' She added: 'They do try and make it look as attractive as possible too, so they change it seasonally, so it's all Halloween-themed at the moment. 'I don't think it's an eyesore.' The council's enforcement notice for the removal of the fence had stated that the height, layout and 'solid appearance' of the fence deemed it unacceptable for the area. The decision notice stated: 'The development at the site, by reason of its height, layout and extent, and the solid appearance of the fencing within the frontage, appears visually prominent, stark, and materially out of keeping with the typically spacious setting of the surrounding area, and has resulted in significant harm to the character and appearance of the site, the streetscene and the area more widely.' But now, the Planning Inspectorate's appeal decision states that the fence does not appear 'excessive' or 'incongruous' and can remain standing. Speaking to MailOnline, one neighbour had said of the development: 'It is a bit unsightly. I was amazed they were even allowed to put it up, but turns out they weren't. 'I understand why they did it, but planning permission is planning permission and you have to abide by it. 'My personal opinion is that it is a bit unsightly. It would have bothered me more if I was right next door to it. But even from here, it is unsightly.' Another neighbour echoed the same concerns, saying: 'It's not nice, it looks awful. 'And the planning was retrospective as well.' While most parents said the fencing made them feel safer, one parent said the outdoor space is very rarely used. She said: 'We're not too bothered either way. I can understand that some of the neighbours don't particularly like it. 'Before it was up, we were funnelled a different way. So really you would only see into the baby room if you were queuing to pick up your children. 'So, if you were a stranger not part of the nursery, you would have to actually come off the street, stare in a window and be quite obvious about it. 'I know the nursery are saying it's for safeguarding but when it's just the parents having a quick look in to see their children, I don't think that's much of an issue. 'And I've never seen anyone use that outdoor space. To my knowledge, it's not really used.' Another parent, however, said he had pledged support for the nursery who at the time had a petition going. He said: 'I've actually emailed the nursery showing support for their petition. 'It seems like the council is looking at the view of the place and the aesthetics than the safety of our kids. 'The whole point was to protect the kids. 'I feel a lot safer leaving my kid here knowing the fence is up. 'It stops people from seeing in and being able to look at the kids.' A grandmother picking up her grandson from the nursery added: 'I think it's terrible. The fence gives a bit of safety for the children. 'It's very strange that the council are doing this.' The nursery said: 'Imperial Day Nursery has successfully defended itself in its dispute with Southend City Council over the frontage of the property, both Nursery and residential. 'We are thrilled with the outcome of the appeals including our applications for costs. ;This matter has hung over the nursery for more than two years now and with associated costs amounting to just over £35,000 it has been a very heavy financial burden to bear with no guarantee of success. 'Other similar children's nurseries treated and experiencing the same may not have had the resources to survive as we have managed to do. 'We feel that our approach has been fully vindicated by the appeals inspector. 'As both a business rates and a council tax payer it is extremely concerning that the council's unreasonable behaviour has cost Southend on Sea City Council taxpayers so dearly. We sincerely hope that lessons will be learnt from this judgement moving forward and applied accordingly.' The council have since acknowledged the Planning Inspectorate's decision. Cllr Anne Jones, cabinet member for planning, housing, and the local plan, said: 'The Council took a balanced decision, recognising the benefits of the fencing for the nursery, while also acknowledging the harm its prominence caused to local character. 'We respect that the Planning Inspectorate reached a different view on where that balance should lie.'

I gave my customer a lovely fence upgrade but they refused to pay – I got the ultimate revenge & people say ‘good on ya'
I gave my customer a lovely fence upgrade but they refused to pay – I got the ultimate revenge & people say ‘good on ya'

The Sun

time4 days ago

  • Entertainment
  • The Sun

I gave my customer a lovely fence upgrade but they refused to pay – I got the ultimate revenge & people say ‘good on ya'

A PROFESSIONAL spray painter and decorator has revealed what really happens when a customer refuses to pay. So if you're unhappy with a service you've had recently, you'll need to listen up and prepare to be stunned. 2 2 Posting on social media, the labourer explained what went down after he gave one of his customers a lovely fence upgrade. The tradesman acknowledged that his client was unhappy with the painted black fence and as a result, didn't pay the man, who works for a company called Finishing Touch Sprayers. Clearly fuming, the man took matters into his own hands to ensure he got the ultimate revenge. In a short clip shared online, the workman gave his followers a close-up look at one of his customer's black fences. After his payment was withheld, the manual worker slammed: 'Can't pay, we'll take it away.' He then used a pressure washer to remove the black paint from the fences, instantly turning them a golden brown. Following this, the man confirmed: 'Took our paint back because [the] customer wouldn't pay.' Eager to know what others would do if they were in the same situation, he then asked: 'What would you do? Would you do the same?' The TikTok clip, which was posted under the username @ has clearly left many open-mouthed, as it has quickly racked up 123,000 views in just one day. Not only this, but it's also amassed 1,059 likes and 341 comments. But numerous social media users were stunned by the man's original paint job and claimed that it 'looked better after'. One person said: 'I wouldn't have paid either.' Another added: 'It looks better now.' A third commented: 'You didn't do a good job so…looks better after you removed the shoddy paint job!' Meanwhile, someone else questioned: 'How long ago did you paint it? Looks like it was peeling anyway.' How high can a garden fence be? Despite what many people think a garden fence can be as high as 100m but you need to get planning permission for any fence taller than 2m. Any fence under 2m does not need planning permission. However, there are some complications to this. If you are thinking about front garden fences, restrictions state that fences alongside a driveway can be a maximum of 1m or 3ft. You would need to get planning permission for putting a trellis on a fence of 2m. But, if any plant that you grow on that trellis exceeds 2m, you do not need to obtain a permit for the growing plant. But to set the record straight, one user responded and explained: 'You think a pressure washer took the paint off? 'He clearly added a paint stripper then pressure washed it off. Hence the before look.' Not only this, but the expert also confirmed that this indeed was the case, as when asked 'Why does all the paint look like it's been on ages and peeled off?', he simply confirmed: 'Paint stripper'. At the same time, others were horrified that the man's customer had refused to pay. One user slammed: 'How shameful not to pay.' Whilst someone else penned: 'Good on ya… Don't do it for em again, you don't need the hassle.'

My two-ingredient solution will banish green algae on fences & stop it coming back for good, it costs less than a fiver
My two-ingredient solution will banish green algae on fences & stop it coming back for good, it costs less than a fiver

The Sun

time5 days ago

  • General
  • The Sun

My two-ingredient solution will banish green algae on fences & stop it coming back for good, it costs less than a fiver

GARDENERS love to take pride in their outside spaces, from growing hundreds of plants to getting the perfect lawn. But green algae growing on garden fences can totally ruin it. 1 Unfortunately, wooden fences are the perfect breeding ground for the stuff. Wooden fences, that are often overshadowed by plants and exposed to weather elements, provide the perfect environment for algae growth. While it can be time-consuming to clean, it doesn't have to be hard. And now a fence expert has shared the perfect solution to getting rid of it and stopping it from coming back. The experts at say you need just two items to banish it. To start, prep the area around your fence by covering plants with plastic to ensure you don't kill any of them. Once you've protected the surrounding area, it's time to mix the solution. The experts state: "Mix one part bleach and two parts warm water. "Before you begin cleaning, make sure you have some rubber gloves handy." Apply the solution to the fence and scrub with a hard brush. I made a DIY fence for £68 with pallets from Facebook Marketplace - it gives more privacy & people say it's 'fantastic' Eventually, the green algae spots will begin to disappear. You can then let the solution sit for up to an hour before rinsing it off. You then want to let the fence completely dry before moving on to the next step of painting the fence. The experts added: "No paints or stains can be applied until the fence is fully dried out, and while it can be helpful to remove some of the excess moisture with deck cloths, it can take between 24 and 48 hours for the wood to reabsorb its natural oils." Gardening tips and hacks How to transform your garden on a cheap budget How to preserve your favourite flowers at home - 5 easy tips explained Which plants should I be wary about my dog being around? When is the best time to prune roses? When should I start planting daffodil bulbs? How high can a garden fence be and can it be taller than my neighbours? What colour of fence paint makes a garden look bigger? Will my garden plants still grow if my backyard doesn't receive any sun? When the fence is completely dry, you can prevent the algae from forming again by applying a fresh coat of waterproof stain and sealant. Be sure to do this when no rain is expected within the following 24 hours. The pros finish: "While a brush is the best method to get in the smaller spaces, you can use a roller or a sprayer, but just be sure to add extra applications to have total coverage. "A coat of sealer will weather-proof it and give you extra coverage for recesses or grooves that may have been missed." You can buy fence sealant from Tool Station for just £7.68 and a bottle of bleach from Tesco for 75p. You don't have to use the whole tub of sealant if you are spot treating the fence, making the hack CST less than a fiver.

Are we allowed an 8ft fence for privacy? Our neighbour says we've broken planning rules
Are we allowed an 8ft fence for privacy? Our neighbour says we've broken planning rules

Daily Mail​

time5 days ago

  • General
  • Daily Mail​

Are we allowed an 8ft fence for privacy? Our neighbour says we've broken planning rules

Last month, my wife and I decided to replace the fences on either side of our garden. We've wanted to do it for ages to make the garden more private. Given the original fences were only 4ft, we always felt very overlooked when either of our neighbours were in their garden. Plus the children of one family are always bouncing on a trampoline, which feels even more intrusive. We asked both our neighbours if they were interested in contributing towards a bigger fence but both said they were not bothered. We mentioned that we might go ahead with it anyway and they seemed relaxed about it. We decided to buy 8ft fence panels that we found advertised online to give us maximum privacy and had our local handyman install them, which saved money. Now one of our neighbours is complaining that not only have we removed their fence, which we apparently had no right to do, but that our new fence is so high we should have got planning permission. They said that if we don't reinstall the old fence they are going to report us to the council. What should we do? And is there any legal protection under our right to privacy? Also, is there a way to find out if the fence boundary belongs to us and would that give us any protection? Let's double it: Our reader felt a four foot fence was an insufficient privacy screen, so they replaced it with an eight foot fence without getting planning permission Ed Magnus, of This is Money, replies: When it comes to neighbours winding each other up, garden fences are a common cause. In the past, we have had questions about a neighbour stealing someone's garden and a dog jumping up at a fence so relentlessly that it was in danger of knocking it down. The height of a fence may seem an issue that wouldn't cause dispute, but I fear you may have acted a little too hastily in opting for these eight foot fence panels. A quick search online would have revealed that anything above two metres (6.5 feet) typically requires planning permission, so your neighbour is probably right. Trying to find a fair and reasonable solution with your neighbour should always be the first course of action. But not everyone likes being fair and reasonable – particularly when it is a matter concerning their home. For expert advice we spoke to Olivia Egdell-Page, a partner and head of the property department at Joseph A Jones & Co solicitors, Mike Hansom, a consultant for property litigation at BLB Solicitors, and Chun Wong, head of dispute resolution at Hodge Jones & Allen. Will you need to replace the fence? Olivia Egdell-Page replies: It is clear that you did attempt to seek agreement here, however, it may be that the neighbours' objections are now based on the height of the new boundary fence, rather than the act of replacement. In terms of the boundary structures, planning permission is not required if you erect a new fence or replace an existing fence where the height does not exceed two metres. If you are replacing a fence which exceeds two metres in height, you can replace this on a like for like basis, provided the height would not be increase. On that basis, it does seem that planning permission should be obtained, as the height of the fence has been increased from four to eight feet. Alternatively, you may consider reducing the height of the fence to the maximum height of two metres, however consideration must be given to the planning regime in the area and if there are any additional controls imposed on the property, for example if the property is listed or located within a conservation area. Mike Hansom adds: The general rule - unless you live in a conservation area or a listed building - is that a fence can be a maximum height of one metre if it faces a road or two metres otherwise. Therefore, an eight foot (2.44 metre) fence requires planning permission. To comply with the law you should probably install panels no taller than two metres. If you did not do this, the local authority - but probably not your neighbour - has the power to enforce planning law. What if the neighbour proves it was their fence? Mike Hansom replies: If your neighbours can prove that the original fence belonged to them, then whether you need to restore it to its original condition depends on precisely what was agreed. If your neighbours expressly consented to your removal of the fence on the condition that you would cover the cost of its replacement, they cannot renege on that agreement, although they can still take issue with its height via the council. If they were merely silent, you may need to replace the fence, as silence cannot, in law, be construed as consent. In that case you could erect a new six foot fence on your side of the existing fence. If you explain this to your neighbour, they may have a change of heart, as their view over your garden would be reduced in any event. Do they have any rights of privacy? Chun Wong replies: There is no absolute law which provides for a right to privacy in a garden especially against private individuals. However, if something your neighbours are doing causing a nuisance this could give rise to a claim for statutory nuisance. A starting point to remember though is that a fence is not necessary indicative or definitive of actual legal boundaries between properties. A fence is just a physical boundary on the ground. A legal boundary is an imaginary or invisible line which divides one's land from another's. What's the best thing to do about a fence dispute? Chun Wong replies: Where possible it is always best to try and resolve any issues you have with your neighbour amicably. You have to see them day in and day out so it is best to keep relations civil. In addition, if a dispute is escalated you may have to disclose this to any potential buyer if you are considering a sale in the near future. You could also consider a more structured and formal alternative dispute resolution such as mediation. The Property Litigation Association and Rics have launched a new mediation service to help neighbours resolve disputes over their property boundaries without resorting to court action - the Boundary Disputes Mediation Service In the event that you really cannot resolve the matter, then proper legal advice should be sought at an early stage before you embark on any self-help which could make matters worse or prejudice your position. You should check whether you have the benefit of Legal Expense Insurance as part of your home, contents, or motor insurance which may provide some indemnity for legal costs in these types of cases. You could consider a hedge... Mike Hansom replies: It is common for deeds to be unclear about who owns the fence. If it cannot be demonstrated one way or the other, the legal position is the new fence panels belong to you. You are entitled to inform the neighbour they are not to remove or damage your panels, as to do so could amount to criminal damage. Although not an instant solution, another option is to plant a hedge next to the fence, if space permits. Again you must check for the existence of planning conditions or restrictive covenants in your deeds, but in general there is no planning restriction on the maximum height of a hedge. The exception is the Antisocial Behaviour Act 2003, sometimes known as the 'High Hedges Act' which legislates against hedges comprising two or more evergreen or semi-evergreen trees or shrubs over 2 metres in height. A hedge of native deciduous planting would not fall foul of the legislation, can grow quickly and would soon provide added privacy, as well as a habitat for wildlife. What punishment could they face if they refuse to lower the fence? Mike Hansom adds: The amount of the fine depends what part of the enforcement process has been breached, and how severe is the breach. However many breaches, including non-compliance with a planning enforcement notice, give rise to criminal liability and an unlimited fine. Best mortgage rates and how to find them Mortgage rates have risen substantially over recent years, meaning that those remortgaging or buying a home face higher costs. That makes it even more important to search out the best possible rate for you and get good mortgage advice, whether you are a first-time buyer, home owner or buy-to-let landlord. Quick mortgage finder links with This is Money's partner L&C > Mortgage rates calculator > Find the right mortgage for you To help our readers find the best mortgage, This is Money has partnered with the UK's leading fee-free broker L&C. This is Money and L&C's mortgage calculator can let you compare deals to see which ones suit your home's value and level of deposit. You can compare fixed rate lengths, from two-year fixes, to five-year fixes and ten-year fixes. If you're ready to find your next mortgage, why not use This is Money and L&C's online Mortgage Finder. It will search 1,000's of deals from more than 90 different lenders to discover the best deal for you.

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