high hedge replaced by acoustic fence

high hedge replaced by acoustic fence

Postby flowers4u » Thu May 12, 2011 10:07 pm

Hi, comments/advice on our 'big' garden problem! We moved here 5yrs ago, because of this large natuaral limestone garden created in the 60's on limestone woodland. I and many others I am sure, would not support this development nowadays, but now it's here, we do our utmost to protect the flora and fauna including the trees, particularly three with Tree Preservation Orders Scots Pine, Sycamore and oak plus hedgehogs, pheasants, many small birds, frogs, newts, toads and the slowworms! One dividing boundary is a 12' high laurel hedge, 50 metres long, which provides privacy for us and nesting and roosting place for birds, including the pheasants! The hedge allows the wildlife to migrate between gardens. Our neighbour the other side of the laurel hedge has put in planning permission for a house in their back garden. That part of their large garden was a plot in the 60's with access from the other road, 10yrs ago, the rear neighbour sold the plot to the house other side of the laurel hedge so now the plot has no access to it and it has remained a garden for over 40 years since the 60's. A couple bought the house next door approx 4 yrs ago and a year later put in planning application for large house in the garden (the old plot). We and many other neighbours have fought this application over the last 2/3 yrs. It was turned down, went to appeal, turned down again. Then new application went in, was turned down, another appeal with reduced size house but still the proposed drive providing new access from our road, remains on the other side of this laurel hedge. The applicant has adequate space the other side of his current house for the drive to the proposed house and then the drive would not affect us or the neighbour on other side, just himself. But the applicant has ignored our suggestion in objection letter to move the proposed drive to other side of his house. We argued on the noise aspect so he amended his plan to put in an 6' high acoustic fence. We do not approve as all boundaries in this area are low limestone walls or hedges and an acoustic fence would look out of character, there would be no space underneath for wildlife to migrate from garden to garden and the maintenance required would entail regular intrusion onto our land. after our first complaint about proposed fence and its appearance, they changed the first 10 metre of acoustic fence to 4' high limestone wall, nice, but the remainding boundary would still be acoustic fence. so they admit the acoustic fence would be an eyesore, having changed the plan to first ten metres to limestone wall (where can be seen from the road) but would leave us with 40 metres of acoustic fence to look at and ironically they have proposed aesthetic shrub screening on their side of the boundary! To do all of this they will have to rip out the 12' high laurel hedge. According to our deeds ' All walls and fences now or hereafter to be erected sparating the property hereby conveyed from the adjoining properties now or formerly of the Vendors shall be and be deemed to be joint and party walls and fences and shall be repaired and maintained and used at the joint and equal expense of the respective owners for the time being of the properties so separated.' So, do we share ownership of the hedge and if so can they rip it out without our approval? We mentioned in our last objection letter to planning authority, that there are slowworms in all gardens around here including ours, so now the planning decision date has been delayed until July, while the authority obtain a report and present it to English Nature! the slowworms are slowing up the process.....three cheers for the slowworms!! Seriously though, slowworms may not stop the building but they may have to be removed to somewhere safer, before building commences. [/color][color=#008000]
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Re: high hedge replaced by acoustic fence

Postby Alicia » Sun May 15, 2011 10:11 am

flowers4u wrote:We moved here 5yrs ago..One dividing boundary is a 12' high laurel hedge, 50 metres long..

Our neighbour the other side of the laurel hedge has put in planning permission for a house in their back garden. ... proposed drive providing new access from our road,.. on the other side of this laurel hedge.

We argued on the noise aspect so he amended his plan to put in an 6' high acoustic fence.

We do not approve as all boundaries in this area are low limestone walls or hedges and an acoustic fence would look out of character, there would be no space underneath for wildlife to migrate from garden to garden and the maintenance required would entail regular intrusion onto our land. .. after our first complaint about proposed fence and its appearance, they changed the first 10 metre of acoustic fence to 4' high limestone wall, ..but the remainding boundary would still be acoustic fence. ..To do all of this they will have to rip out the 12' high laurel hedge.

According to our deeds ' All walls and fences now or hereafter to be erected sparating the property hereby conveyed from the adjoining properties now or formerly of the Vendors shall be and be deemed to be joint and party walls and fences and shall be repaired and maintained and used at the joint and equal expense of the respective owners for the time being of the properties so separated.'

So, do we share ownership of the hedge and if so can they rip it out without our approval?

.. slowworms in all gardens around here including ours, so now the planning decision date has been delayed until July, while the authority obtain a report and present it to English Nature! the slowworms are slowing up the process.


Is this what you meant?
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Re: high hedge replaced by acoustic fence

Postby Mattylad » Sun May 15, 2011 11:04 am

I hope so Alicia, I am afraid that I find one great big green statement with absolutely no breaks in it impossible to read, thank you for reducing it to something legible.

To Flowers4u, if it is a party hedge then yes you are both owners of it so to speak, your neighbour cannot do anything to it without your permission.
Any comments I give here are my own opinions, for legal advise check with a qualified solicitor.
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Re: high hedge replaced by acoustic fence

Postby Mojisola » Sun May 15, 2011 11:45 am

Mattylad wrote:To Flowers4u, if it is a party hedge then yes you are both owners of it so to speak, your neighbour cannot do anything to it without your permission.


In reality, the neighbours shouldn't do anything without your agreement but that doesn't mean they won't.
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Re: high hedge replaced by acoustic fence

Postby flowers4u » Sat May 28, 2011 12:50 pm

Sorry for the long essay, did not realise how much I'd written until it was posted.....will know next time!

Thanks Alicia for the bulleted version and thanks all for the advice! I will tie myself to the hedge before the machinery comes in or get the local press down!
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Re: high hedge replaced by acoustic fence

Postby mark one » Mon Jun 06, 2011 3:44 pm

Could flowers4u got get a injunction preventing there neighbour doing anything to the current laurel hedge?
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