Planning Enforcement Leads to Court Action Over Fence

Leeds City Council takes legal steps after unauthorised fence erected in Rothwell

Leeds City Council has taken enforcement action against a property owner in Rothwell following the erection of a fence without the necessary planning permission. The case, which concluded in a magistrates’ court last month, resulted in a conditional discharge and an order to pay legal costs approaching £8,000.

Background to the case

The issue began after a complaint from a member of the public in January 2023 prompted the council to investigate a 1.6-metre-high fence installed outside a home in Rothwell. Under UK planning law, any fence over one metre in height adjacent to a highway used by vehicles requires planning permission.

The property owner had initially applied for permission for a boundary fence, but this was refused by the council in April 2021. Despite this, the fence was erected. A second application was submitted in February 2023, seeking to retain the fence with some design variations; this was also refused due to concerns about the impact on the local area’s character and appearance.

Both refusals were upheld by the Planning Inspectorate following appeals by the owner in July 2021 and November 2023 respectively.

Enforcement and court proceedings

• Following the dismissal of the second appeal, the council issued a statutory enforcement notice in January 2024 requiring the fence to be removed or reduced in height within two months.
• The owner did not comply with this notice.
• As a result, the council initiated prosecution proceedings.
• At the magistrates’ court hearing, the owner admitted non-compliance and received a 12-month conditional discharge.
• The court also ordered the owner to pay the council’s full legal costs, which amounted to nearly £8,000.

Since the court hearing, the council has confirmed that work has begun to reduce the fence height below one metre, in line with the enforcement notice.

Council’s stance on planning enforcement

A Leeds City Council spokesperson emphasised the authority’s commitment to enforcing planning regulations to protect the local environment and community interests. The council stated it aims to work constructively with property owners but will take formal action where statutory requirements are not met.

The council’s planning enforcement service investigates various issues including:

• Developments without planning permission
• Developments not complying with agreed permissions
• Unauthorised changes of use
• Unauthorised work on buildings of special architectural or historic interest

Members of the public who suspect breaches of planning regulations are encouraged to report concerns to the council by emailing planning.enforcement@leeds.gov.uk.

Further information about the council’s enforcement work is available on their website.