A HOMEOWNER has been hit with a £2,000 fine and dragged to court over a mistake with his privacy fence.
Philip Hardy’s wooden fence was no taller than those of his neighbours, he claimed.
However, the council deemed that the one-metre structure, which Philip did not have planning permission for, obstructed passing drivers’ view of the road.
The Middlesborough dad-of-two was instructed to remove the fence on November 14 2023 – and given 60 days to respond.
However, he failed to reply, leading to him being taken to court.
Philip told Teesside Magistrates’ Court: “I don’t know why it [the case] has got this far. There are three fences in the road exactly the same as mine.
“I don’t think I have done anything wrong to be truthful with you, that is my honest opinion.”
Philip also denied ignoring the notice, claiming he had tried to organise an appointment with the council following a visit from a local planning officer.
And, he claimed he had even hired a private contractor to reduce the height of the fence.
However, Morgan Brien, prosecuting on behalf of Redcar and Cleveland Council, disputed this claim – by pointing to a wheelie bin pictured next to the supposedly reduced fence.
Philip was found guilty – and fined a total of £180 plus the council’s court costs of £1,972.
He will be allowed to pay the fee in £20 monthly installments, due to being unemployed and on disability benefits.
[bc_video account_id=”5067014667001″ application_id=”” aspect_ratio=”16:9″ autoplay=”” caption=”DIY Privacy Fences: Affordable Garden Solutions” embed=”in-page” experience_id=”” height=”100%” language_detection=”” max_height=”360px” max_width=”640px” min_width=”0px” mute=”” padding_top=”56%” picture_in_picture=”” player_id=”default” playlist_id=”” playsinline=”” sizing=”responsive” video_id=”6362394431112″ video_ids=”” width=”640px”]It comes after another homeowner, Farhan Khan, was slapped with a £622 and criminal record over a similar mistake.
The Southampton man had not applied for planning permission for the one-metre fence.
He applied for retrospective permission but was turned down by the local council.
He was then ordered to tear it down – but refused to do so.
What is retrospective planning permission?
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 be 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.
