Case 333 – Managing agent says garden pond has to be fenced in


A residents association for a residential development of 75 dwellings has been told by their new managing agent that they must fence in the feature garden pond in the middle of the parkland grounds due to health and safety. The development has been like this for 25 years.

Panel decision

There is no legal requirement for ponds and open water to be fenced off and the panel is unanimous in regarding this as an over the top and disproportionate approach being suggested by the site management. Fencing may appear to be a “solution but could easily create different risks. A rethink is required here.

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