Erection Of Fence Without Planning Permission.

[branca]

I erected a fence over 4 years ago without planning permission, that was my fault & my mistake. In May 2016 the council served notice. They accept the fence has been up for 4 years & is governed by the 4 year rule, but still want proof of the date it was erected & said an invoice and/or photos would be good. I provided them with the invoice & a date stamped photo, taken on my Blackberry, the day the fence was erected.
They have refused the invoice, written on the job when fence was completed, because although it has my name on it, it does not have the address. It does have a description of the fence & it's measurements, unbelievably they say the invoice could represent, for example, the building of of a different fence in a farmer's field!!!!!!
They will not accept the dated photo saying that I could have fiddled the date, August 2012, by messing with my Blackberry. I have sent them the properties folder, from the phone, detailing when the photo was taken, but they still will not accept it. They are now saying I need to go to a solicitor to have a sworn affidavit competed - any advice appreciated.

[dannyk13]

A Notary Public could supply you with the necessary document.Probably cheaper than a solicitor.

[Old_Geezer]

No expert, but wouldn't this affidavit shut them up and end the matter ?

[branca]

Old geezer it would, but I have already spent approx £700 &, without checking, think an affidavit will be expensive..

[dannyk13]

Your council is being over officious.A neighbour of mine had a similar problem with a veranda, and they accepted my word that it was there when I moved next door.

[andypipwilly]

The suggestion of contacting your local press might do the job!

[Tuvok]

Is the fence visible from the road? If so you could try google streetview in the hope that it hasthe fence on it and hasn't been updated since. Or you could try some of the other sites that show aerial photos.

[MissLead]

I wonder why the council raised the matter in the first place. Is the fence annoying your neighbours, depriving them of light or something else that would have caused them to report you to the Council?

[branca]

Thanks for answers, I am posting on behalf of my daughter.
They had to pay approx £200 for a certificate that, should they sell the house, gives the new occupants evidence that the council have agreed to the fence.
I have been in touch with a solicitor & swearing an affidavit will cost £240.
I need to check if the council will accept a Notary & how much it will cost.
There have been no complaints - the council came to the next door house for a planning request & then became aware of my daughter's fence, & it started from there ...

[Barmaid]

Swearing an affidavit £240?!

Nonsense.

A swear fee is between £7 and £10.

Does this include them drafting it?

[Bazile]

Is this a fence marking the boundary of the two properties ?

[Tashi]

The owners of the house I'm living in at the moment had to do the same a few months ago, it cost £12.

[andy-hughes]

I would be inclined to write back to them and ask them why you are required to provide this information, and see what they come back with.

My experience of councils is that departments like this one are run by obsessive analy-retentive pen pushers.

If you spin it out with enough prevarication, they will get bored and move on.

[branca]

Well I would like to know how you get an affidavit sworn so cheaply, as anybody knows a visit to a solicitor will cost...

I have just come off the phone after speaking to a Notary, they do not provide this service, & he said that generally speaking a Notary's fees will be approx 10 times that of a solicitor...

So nonsense or not - they are the facts..

[Bazile]

I would like to know what type of fence it is that ,needs planning permission

[branca]

Andy you cannot spin it out - set dates are given for you to comply with, & if you don't then I presume they will issue an enforcement notice to take the fence down...

[Bazile]

branca - what type of fence is it ?

[woofgang]

I had to swear an affadavit in front of a notary 5 years ago and it cost about 6 quid......

[Dodger666]

I have erected garden fences without planning permission.

My local authority web site specifies that planning permission is NOT required for garden fences.