# Open Plan council estate: person proposes to erect fence to keep dogs out.



## Jane Doe (14 Mar 2011)

My friend is is an open plan council estate.
Dogs keep messing her garden.
Council cannot control dogs all the time.
council say she cannot put up fence.
She is going ahead with fence and will argue she has to as they cannot control dogs.
What will happen if there is a court case? she will not take down if ordered to?


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## Bronte (15 Mar 2011)

So she's willing to let the council take her to court?  And the costs would be awarded against her.  Plus she's already on record as having being told not to put up a fence. 

How about complaining to the dog warden instead.


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## truthseeker (15 Mar 2011)

Bronte said:


> How about complaining to the dog warden instead.


 
I know from experience that the dog warden is likely to do very little. 

If the OPs friend has already complained to the council about the dogs then chances are the dog warden already knows about the problem.

Last time I had occasion to call the dog warden he told me that he is not a dog catcher, he will come and take a stray that I have already captured but will not go around catching dogs himself. Plus if you do catch a dog that is fouling your garden and hand it over to the dog warden, the dog will go to the pound, and the irresponsible owners will have a chance to collect it and allow it to run loose again.

I really cant see the council bothering to take someone to court over erecting a fence - its not a crime, why would they waste money on it? Who is going to tell them the fence even exists? If the dont bother controlling the nuisance dogs in the estate its unlikely theyre going to bother checking up on fences.


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## csirl (15 Mar 2011)

truthseeker said:


> I really cant see the council bothering to take someone to court over erecting a fence - its not a crime, why would they waste money on it? Who is going to tell them the fence even exists? If the dont bother controlling the nuisance dogs in the estate its unlikely theyre going to bother checking up on fences.


 
Be very wary about doing this. Erecting a fence in these circumstances is illegal. Councils can be very picky about this sort of thing and will have no problem going to court since its a slam dunk case from their perspective - they are not going to have to pay the cost.

It will also impact on the persons ability to sell the house as it will be classed as unauthorised development.


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## nuac (15 Mar 2011)

C heck your purchase agreement /  transfer order or other instrument transferring the house to you, or your tenancy agreement if you are a tenant.

If there is a covenant not to erect fences in front of the peoperty you can be obliged to comply.

If dogs are out of control on the estate, the Council should act.


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## Complainer (15 Mar 2011)

The solution might lie with some kind of community-based solution. Is there a residents association? Are other people affected by the same problem? Does the council have anyone responsible for maintaining community spirit who might get involved with the dog warden?


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## TreeTiger (15 Mar 2011)

Might be cheaper and easier all round to install a sonic deterrent like one of these:
[broken link removed]

A neighbour across the road from me has one and it seems to be having the desired effect.


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## Sylvester3 (16 Mar 2011)

What about planting a hedge? Does a rule against fencing automatically apply to low hedgerows?


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## bisset (16 Mar 2011)

Let me get this right.  Your friend is a council tennant.  There are dogs fouling in her garden and the council say she cannont put any fence around her garden.  Does she have children?  If so it would seem to be reasonable to expect that she would have the use of her garden for her chidlren.  Dog poo can contain bacteria and parasites that cause blindness in children.  I would suggest she gets all the relevant information together and talk to a local councillor.  She should then write to the council seeking their advice and assistance.  If not happy with their reponse then write to the ombudsman.  If she does have children she could write to the ombudsman for children


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## Jane Doe (16 Mar 2011)

TreeTiger said:


> Might be cheaper and easier all round to install a sonic deterrent like one of these:
> [broken link removed]
> 
> A neighbour across the road from me has one and it seems to be having the desired effect.


don't think they work not al the time anyway. thanks


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## onq (16 Mar 2011)

Sylvester3 said:


> What about planting a hedge? Does a rule against fencing automatically apply to low hedgerows?



Nope - but dogs can jump a low hedge or simply walk around it.

She could lie in wait with an air horn and frighten the bejaypers out of the dog.

Plus she can report the owner of the dog doing the fouling I would have thought, who can then be fined.

ONQ.


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## Jane Doe (18 Mar 2011)

doesn't know them and ignorant people like that are hardly going to pay a fineyeah i k now they are supposed to just like they are supposed to not have dogs free at all. filthy animals and their dogs


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## Mpsox (18 Mar 2011)

truthseeker said:


> I know from experience that the dog warden is likely to do very little.
> 
> If the OPs friend has already complained to the council about the dogs then chances are the dog warden already knows about the problem.
> 
> ...


 
it depends on the area, they're pretty good around where I live. In addition, even if they are not, and this descends to a row with the council, by trying to contact them, the OP is showing she tried all avenues


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## Jane Doe (18 Mar 2011)

> Last time I had occasion to call the dog warden he told me that he is  not a dog catcher, he will come and take a stray *that I have already  captured but will not go around catching dogs himself. P*lus if you do  catch a dog that is fouling your garden and hand it over to the dog  warden, the dog will go to the pound, and the irresponsible owners will  have a chance to collect it and allow it to run loose again.


are you allowed to capture and hold a dog till the warden comes? What if the owner demands him would you be dog napping. They can gp to the pound and collect but if dog has fouled can they be prosecuted and can they be prosecuted for allowing the dog free in first place


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