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  Reply # 2075897 19-Aug-2018 19:53
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xpd:

 

TLDR entire thread ;) Also been driving all day so brain not working......  please note all below is just my opinion and in no way infers any knowledge of council bylaws etc.

 

If it were me, Id be asking as to why they require the new fence - if its for a dog, then thats their problem, they can build it on their side, or replace existing at their cost. If its for privacy, then I could kinda see why they would approach the neighbors, but again, could just be built on their side of the existing fence.

 

Height wise, I think 2m is the max most councils allow without having to get permits etc - as long as it doesn't block someones view etc.

 

We have a fence that is on a shared drive way, and needs replacing, but Im not approaching the other users of the driveway for financial assistance (I could see them offering to chip in but its only because theyre good neighbors) , as its our choice to replace it to keep our dog safe. 

 

If they cant give a valid reason as to replacing the fence, Id have a chat with the council/CAB and see what they say.

 

 

 

 

 

 

I believe they want to keep their dog in as well as for privacy reasons. The existing fence should serve its purpose for keeping the dog in (there might be a couple of small holes need fixing).

 

What is unclear is the 2m height limit, do you measure it from the lower side of the retaining wall (my side) or from the top of the retaining wall (neighbour's side)?


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  Reply # 2075900 19-Aug-2018 20:01
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Hmm good question.....   I think usually from "ground" level, but because its retained, the height obviously will be more than 2m from your side......  that you'd need to confer with the council about.





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  Reply # 2075995 20-Aug-2018 08:55
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The Citizens Advice Bureau website has pretty much all the information you need.

 

Has the new neighbour issued you with an official Fencing Notice? If not, then you don't need to do anything and they cannot start work. If they do start work without serving you with a Fencing Notice and waiting the requisite 21 days for any objections to be lodged, then they cannot legally recover any cost from you, and you can apply to the courts for an order to dismantle any such fence that has been erected without your consent.

 

If you have been issued with a Fencing Notice, then you have 21 days to object via service of a Cross Notice outlining why you object. Your objection could be as simple as advising the neighbour that the existing fence is "adequate", but you could make a counter suggestion that the existing fence be repaired (if required).

 

According to the Fencing Act, an adequate fence means "a fence that, as to its nature, condition, and state of repair, is reasonably satisfactory for the purpose that it serves or is intended to serve". As the existing fence is a wire fence, one could argue that it was never intended to provide any privacy. Ergo you should not now have to pay for the new neighbour's wish for additional privacy.

 

In this case, assuming you do eventually receive a valid Fencing Notice in the proper form from the new neighbour, I would issue a counter notice stating that the existing fence is reasonably satisfactory for the purpose it serves and has been for x number of years, that you are happy to entertain any required repairs to the existing fence, but that you object to paying for a replacement fence due to the existing fence being adequate for it's original intended purpose.

 

That should be the end of the story. If the neighbour decides that they will pay the entire cost, they will still need to get your consent regarding the design etc (and you can still object), and removing the old fence will also be at their cost.

 

In regards to the rules around permissible fence height when a retaining wall exists, please call your local council now and ask - they are the only ones who will be able to give you a definitive answer.

 

 


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  Reply # 2076010 20-Aug-2018 09:17
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I think (as someone else already suggested) the most logical place to start is with the location of the existing fence, relative to the boundaries.  This may not be a boundary fence.

 

 





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  Reply # 2076013 20-Aug-2018 09:26
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The real question is though. Who gets the palings facing them?

If new neighbor wants fence to be replaced - They pay.
Wire fences are 100% fine and do a great job at being wire fences. If their living requirements means they need a new better larger stronger fence then that is their sole cost and their own discretion how they go about it.

 

If you guys were going to be involved in any form of payment I'd be looking at a third between the three of you with Palings facing you.





 


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  Reply # 2076017 20-Aug-2018 09:34
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When we were redoing our boundaries and fences, we put in new palings and railings on the existing, but we improved on our side. We were able to do this because it's already a covered fencing instead of the wired one. We didn't seek the consents from the surrounding neighbours - we're in the back section with 5 houses surrounding us. So the best strategy is built on our side.





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  Reply # 2076037 20-Aug-2018 09:57
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Another thing to consider is the orientation of the existing fence relative to your building and the sun. Could it be that the existing fence was made of hurricane wire deliberately, to minimise the impact of shading on your house at certain times of the day/seasons of the year? If so, I would strongly be opposing any proposal to install a solid replacement fence, especially if the proposed fence is higher than the existing one.

 

If this is the case, you have excellent grounds to oppose any change to the status quo.


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