Extension v Hedge Planning problem

Extension v Hedge Planning problem

Postby darts180 » Wed Nov 02, 2011 10:49 am

Hello All, I have been reading through the post's on here and wanted to see if anybody could help me.

We have recently applied for planning permission for a single storey extension to our semi-detached home. In the rear garden between the two semi's is a large hedge ( 8ft ish) going all the way down the middle of the garden, however the actual bush is on our neighbours land.

Are "nice" neighbours have objected to our planning application because they feel that by digging the foundations for the extension on our side it may cause damage to the hedge.

Am I correct in thinking that I could cut the hedge & Roots all the way to the boundary line if I wanted to?

Personally I can’t see the council taking their concerns seriously, but would be interested in anybody’s thoughts on this.

If we do damage the hedge, which I think is unlikely can they claim against us?

Just to confirm the bush belongs to the neighbour and we would not be going past the boundary line.

Thanks in advance.
Darts180
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Re: Extension v Hedge Planning problem

Postby jonahinoz » Wed Nov 02, 2011 5:58 pm

I think "historical" hedges at edge of a village are protected. Somebody here will have the details.

If you damaged my hedge, I'd be looking for compensation (depending on our relationship) but that is what you have insurance for.
Take photographs before you start ..... like now.
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Re: Extension v Hedge Planning problem

Postby darts180 » Wed Nov 02, 2011 6:16 pm

Not sure what you mean on the Village hedges.

Surely if I'm only digging the roots up and trimming the hedge up on my land they cant stop me doing this? And if damage is caused how could I be charged for it?
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Re: Extension v Hedge Planning problem

Postby Treeman » Wed Nov 02, 2011 6:37 pm

Forget the “end of village hedge” it’s spurious and wrong.

If you damage the hedge you could be liable however you are exercising a statutory right to cut back to the boundary. If the hedge dies it is because it can’t survive without committing an act of trespass. What judge is going to find against you for that?

Be prepared for the building inspector to ask for deeper foundations because of the vegetation.
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Re: Extension v Hedge Planning problem

Postby darts180 » Thu Nov 03, 2011 11:33 am

Thanks Treeman
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Re: Extension v Hedge Planning problem

Postby jonahinoz » Thu Nov 03, 2011 5:32 pm

Forget the “end of village hedge” it’s spurious and wrong.

Agreed, in this instance my mention of "edge of village" is probably spurious. I'm not so sure it was wrong ... see
Hedgerows Regulations 1997. Of course, a little learning is a dangerous thing, but I would rather know about the potential pifalls BEFORE I start cutting.
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