Newport council may take Lliswerry residents to court over high fences

Residents have been issued with enforcement notices over the height of the fences outside the front of their houses – with the council saying they are “not in keeping with the area” and “worsen visibility” when coming off driveways.

This means the residents must apply for retrospective planning permission, replace their fence with a smaller one, or go to court over the enforcement notice – with each of these options costing hundreds of pounds.

Regulations state planning permission is needed if a person wants to build a fence, wall or gate over one metre high next to a road, though many of the residents who have been issued with enforcement notices were unaware of these rules.

One Lliswerry resident fosters a vulnerable child who has learning difficulties and anxiety.

As their back garden is too small, they had a 5ft 6in (around 1.68m) partial fence professionally erected around the front garden last summer so the child could play outside while maintaining her privacy.

“If someone is walking past, it triggers her,” they said.

“Since the fence went up, she’s able to play in the front garden.”

They were told to apply for retrospective planning permission – at a cost of £460 – in July. This was rejected. They are now appealing the decision, which costs more than £300.

The resident has a letter from social services in support of their appeal outlining the potential impact a lower fence would have on their foster child.

“We had hedges before. They were seven foot high and two foot wide and out of control. But that's allowed and this isn't,” they added.

One Lliswerry resident's front garden before and after they had a fence installed. (Image: Supplied)

Another resident, Corinne Winslett, said: “They are all over Newport. Why are we being singled out?

“None of us thought we were breaking the law when we erected our fences, and none of us were aware that there was a law.

“My options were to apply for planning permission at £460, or pay my local builder £300 to take the fence down, or appeal the council decision – which would cost £280. None of which I could afford.

“It seems that [the planning officer] makes the laws and decides who abides to them.

“I’m all for abiding to the law if it applies to everyone.”

Corinne Winslett has been issued an enforcement notice over the height of her fence. (Image: Corinne Winslett)

Cllr Mark Howells said that 45 enforcement notices had been served relating to this issue in the Lliswerry area in the past five years.

A Newport council spokesperson said: “Newport City Council is legally obliged to investigate complaints in relation to breaches of planning regulations and, if necessary, take action including the serving of enforcement notices.

“Enforcement notices were served on two properties in the Lliswerry area after complaints about unauthorised fences were received.

“The council then received a large number of complaints about differing types of means of enclosures for the boundaries of properties in the area. Each was investigated but only four were found to be in breach of planning legislation.

“As a result, enforcement notices were served in each case. Formal enforcement action is a last resort when negotiations have failed to resolve the breach of planning control.”

Lliswerry’s ward councillors said they were unaware of any complaints made - apart from one which was part of a neighbour dispute where the complainant had since moved away.

“What I want to hear from the chief executive is are we seriously going to be taking people to court where the council is going to incur legal expenses and the public are going to incur legal expenses?” said Cllr Allan Morris.

“If people had been complaining to us, we would understand it. But we haven’t had anyone come to us.”

A council spokesperson said: “There is an independent appeal process for people who wish to challenge the notice or an application that has been refused.

“Court action is only taken if remedial action is not undertaken by the property owner and the council would be able to recover its costs.”