Planning Consent???????????????

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compostqueen

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Planning Consent???????????????
« on: August 04, 2011, 11:35 »
My neighbour has sold the bottom of her garden and the new owner now wants to rip out 22 m of my hedgerow, filled with English native trees such as hawthorn, hazel, beech, etc and install a 6 ' high solid wooden fence  :ohmy:

Can she do this? The hedge is on the boundary. I thought she could trim it on her side but not take it out completely. If she installs a fence surely it has to be all on her own side of the boundary so she can get behind it to maintain it

Can she rip out the hedge?
Does she need planning consent to install the fence?
  :(

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Aunt Sally

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Re: Planning Consent???????????????
« Reply #1 on: August 04, 2011, 11:40 »
You will need to look on your deeds to see which boundaries you are responsible for.

Traditionally the boundary on the right (as you look form the road) is yours. It varies with the far end of the plot (bottom of the garden).

If the hedge is on "your boundary" they cannot take it out but they can put a fence up on their side of that hedge (whilst leaving your hedge in).

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compostqueen

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Re: Planning Consent???????????????
« Reply #2 on: August 04, 2011, 12:34 »
It is on the right!    It is the very bottom of the garden we are talking about. 

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Aunt Sally

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Re: Planning Consent???????????????
« Reply #3 on: August 04, 2011, 12:38 »
You need to check your deeds.

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Aunt Sally

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Re: Planning Consent???????????????
« Reply #4 on: August 04, 2011, 12:40 »

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sion01

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Re: Planning Consent???????????????
« Reply #5 on: August 04, 2011, 12:48 »
If you do have problems and the hedge is their boundary and not your's you should talk to your local council incase there are other issues that could be handy in you're attempt to keep the hedge there.

is the area a conservation area,if so planning is needed for such work.

Would ripping out the hedge infringe in any way on your'e privacy?

Is there a listed building involved in any of the parties as the whole boundary and all within is listed not just the house(I know I live in one and you can't even fart without the sound and smell conforming to strict guidlines)

But as aunty said it's the deeds that are you're best defence ,check that the boundary is in the same place on the deeds that you're neighbour had as on the deeds that the new owner has as a mistake can easily occur when drawing out the site map

You could find a rare plant/animal in the hedge if all else fail's ;).there might be a constraint on when you can take out a hedge too as it would disturb nesting birds etc

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ANHBUC

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Re: Planning Consent???????????????
« Reply #6 on: August 04, 2011, 23:34 »
Who owns which fence ?

Really good link and some usefull information.  Thanks.   :)
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kegs

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Re: Planning Consent???????????????
« Reply #7 on: August 06, 2011, 15:51 »
Is it young (younger than 30 years) garden hedge or could it at any time have been considered ancient hedgerow.  If it was then there may be an enclosures map held at your parish council or public records office which may prevent its removal.

These websites explain more.

http://www.hedgelink.org.uk/hedgelink/UK-hedgerow-legislation.htm
http://www.naturenet.net/articles/congreve/index.html
http://www.rspb.org.uk/Images/hedge_tree_tcm9-161321.pdf

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compostqueen

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Re: Planning Consent???????????????
« Reply #8 on: August 08, 2011, 10:06 »
The hedge is 88 years old. I had no reply from the solicitor  >:(

The hedge is on my boundary and my deeds say that it was the responsibility of the purchaser that the "quick set" hedge be planted within six months from the date on the deed and maintained therefrom. So, it's mine so I hope possession is 9/10's of the law


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ANHBUC

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Re: Planning Consent???????????????
« Reply #9 on: August 08, 2011, 13:16 »
Why has the new owner bought the garden?  Does he/she intend to get planning permission to build a property?  If so they are probably trying to clear any trees etc that they want rid of before applying.  Once they have applied they have to detail what is growing on the plot and they are usually told that they cannot remove mature trees etc.  You could apply for a tree preservation order on the trees and ask the council if the hedge can also be protected by the order.  Good luck.

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mumofstig

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Re: Planning Consent???????????????
« Reply #10 on: August 08, 2011, 13:42 »
If the trees are on your land there's no way they can take them out.

Just tell them that!

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Endymion

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Re: Planning Consent???????????????
« Reply #11 on: August 09, 2011, 01:32 »
My neighbour has sold the bottom of her garden and the new owner now wants to rip out 22 m of my hedgerow,

How do you know this? Have you just 'heard' of what the new owners are going to do, or have they submitted plans?

You could get help from Citizen's Advice, they also have solicitors available to help.

It's probably also a good idea to talk to the local planning department to tell them you're worried about the situation - nobody can build a house without getting planning consent.

Browsing this site might give you more information and ideas.

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compostqueen

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Re: Planning Consent???????????????
« Reply #12 on: August 09, 2011, 10:58 »
Thanks folks for all these suggestions and advice. I'm so grateful for it as in these situations knowledge is power.  I'd not even considered that she could be clearing the sight to make a housing plot.  One of the reasons for my neighbour selling the land is to protect it from development. It would be ironic if that was the case. She doesn't live there now having moved up the road

The lady buying the land has not shown us any legal documents as she doesn't have any yet as the transaction has not gone ahead. My neighbour phoned me last night and offered it to us instead as she finds the buyer "bombastic"  We simply can't afford the £6,400 plus the legal fees whatever they are. The garden is 22 x 7 m.  I would love to buy it but we are renovating the house so that has to take priority. I can envisage though regretting it in years to come. 

My solicitor has come through and I had a long chat with her yesterday and she emailed me a letter through. She suggested that we try and negotiate to rent the land but I think my neighbour wants some money fast  :(

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ANHBUC

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Re: Planning Consent???????????????
« Reply #13 on: August 09, 2011, 14:36 »
It would increase the value of your property so you could consider a further advance of mortgage which should keep any payments to a minimum. 

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compostqueen

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Re: Planning Consent???????????????
« Reply #14 on: August 10, 2011, 09:39 »
I would love to do that but we have maxed out our mortgage to do renovations which we are still in the middle of.  It's now causing a rift in the camp as I want to buy it and OH doesn't  :(



 

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