Fence built by flat owner in Westhoughton leads to row

The proposal was submitted for a timber fence at the front and side – which has already been built – of the Westhoughton property made up of a flat on the ground floor and flat on the first floor.

It was put forward by the occupant of the first floor flat, 20 Green Meadows, and found by planning officers to be acceptable.

In their report, they said the fencing to the side is in front of a row of garages, which is already “a built form”, and the front fencing is only 0.07m taller than what would be permitted development.

Many objections were raised in a single letter that was submitted, but planners found most of these to be “private civil matters”.

One objection was that “there are covenants within the deeds” that “state no fences, walls or driveways to be erected”, but planning officers said permitted development rights allow a fence of up to one metre to be installed without planning permission.

The objection letter also said the applicant “has converted part of the land into a driveway”, but “this part of the land is on the neighbour’s title deeds.”

They said: “This is trespassing by parking across the land,” but planners said this is a civil matter.

The objector added that they have “been informed that their property is now unsellable in its current state with the works that have breached all the covenants in the title deed”.

They also said an enforcement notice was issued against the applicant due to the fence being constructed, but planning officers said this wasn’t true.

They said: “An enforcement notice has not been served. The applicant was instead advised to apply for planning permission”.

The council’s planning officers granted retrospective planning permission to allow the fence to stay.