Worlingham villagers beat council over enforcement action

But attempts by a local council to force villagers to tear down their garden fences have finally ended in victory for the homeowners.

East Suffolk Council claimed the structures on an estate in Worlingham, near Beccles, were too tall and should have required planning permission.

But officials have now withdrawn their objections and the locals have been told the fences can stay.

According to legislation, any fence or wall higher than one metre facing a road, or above two metres elsewhere, requires planning permission.

The council took action against two properties, less than 100 metres from each other.

The fence at Highland Drive (Image: Bruno Brown)

One fence was put up two years ago to replace a broken one on Highland Drive.

Officials began enforcement action against the owner, demanding they take the fence down.

However, he appealed to the government's Planning Inspectorate which launched an investigation.

Reporter Bruno Brown measures the height of the fencing at a property in Highland Drive at Worlingham, which the council has said was too high. (Image: Denise Bradley)

In the meantime, East Suffolk Council then took similar measures against a second property on Worrell Drive, six months ago, after the owners erected a 'like for like' replacement for a fence which had stood for 13 years.

They also appealed to the Planning Inspectorate which has now ruled in favour of both homeowners.

The couple at Worrell Drive, who asked not to be named, said the experience had been "incredibly stressful".

The new fencing which has replaced older fencing of the same height at Worell Drive, Worlingham (Image: Denise Bradley)

"These past six months have been awful, very stressful and a hassle we just do not need in our retirement.

"I don't understand how the council chose who to take action against, we weren't aware of the one-metre highway-facing rule, and since we have been dealing with this, have passed so many fences which are clearly too tall.

"So how do the council choose who they pick on? Do all these tall fences have actions against them?

"Feels like its one rule for us and another for them. I would love to know how much money they have wasted in this action against us for them to drop the case," the resident said.

READ MORE: Village residents feels "threatened" in ongoing row with council over garden fence

"We weren't aware of the rules and had no idea that this new fence was illegal.

"We literally just replaced the old one to keep our property looking neat and tidy, is that such a crime?

"Anyway, we are just so relieved this is over and we can now move forward."

Reporter Bruno Brown measures the height of the fencing at a property in Highland Drive at Worlingham, which the council said was too high. (Image: Denise Bradley)

An East Suffolk spokesman said: “This case has been withdrawn and closed.

"Further information will be provided within the enforcement action case update section of the next Planning Committee meeting agenda.”

READ MORE: Villagers ordered to tear down fences as they are 'too tall'

The planning inspector, Timothy King, had sympathy for the occupants at Highland Drive.

Acknowledging the security concerns raised by the occupant, he said that the fence "needs to be of such a height to perform its functions of privacy and security".

The homeowners had said they have their grandchildren over regularly and due to the position of the property, feel exposed.

And despite the fence standing at 1.8 metres, 0.8 of a metre too tall for the legal height, the inspector said there were "no highway safety implications arising from the fencing’s installation". 

The Highland Drive occupant declined to comment on his victory against the council.

The fence at Highland Drive does't have nto come down after the homeowner won his appeal (Image: Bruno Brown)