Hedge removal and replacement with wall

Hedge removal and replacement with wall

Postby SunbeamFanatic » Sat Jan 23, 2016 7:35 am

Hi All,

Not sure if this fits with this section, apologies if not.

Is anyone able to advise on general or specific planning regulations in relation to the below scenario?

I own a small rural property and the front boundary is a 4m long Hawthorn hedge of around 2.4m height, the boundary is direct to the road as there is no pedestrian path.

Am I allowed to remove the hedge and replace it with a wall? If so are there generally height restrictions? Obviously the hedge is much wider than the replacement wall would be so there would be more space created on the road side and garden side.

I've sent an enquiry to Cheshire East Council but I thought it wise to obtain a corroborative view rather than just rely on any answer they give me.

Many thanks for any help.

Steven
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Re: Hedge removal and replacement with wall

Postby arborlad » Sat Jan 23, 2016 10:29 am

It sounds like the hedge has not been maintained for some time and would benefit from some TLC and could be reduced in height and width to suit your requirements. A hawthorn hedge will respond well.

Any wall or fence adjacent to a highway must be no more than 1m high without planning permission, if you wanted something higher it may be a reduced hedge will suit your purposes better.
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Re: Hedge removal and replacement with wall

Postby SunbeamFanatic » Sat Jan 23, 2016 11:13 am

It certainly looks neglected, thanks for the info, I'll see if anyone locally can effectively trim it back before I attempt anything more drastic :-)

Cheers,

Steven
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Re: Hedge removal and replacement with wall

Postby arborlad » Sat Jan 23, 2016 12:02 pm

SunbeamFanatic wrote:It certainly looks neglected, thanks for the info, I'll see if anyone locally can effectively trim it back before I attempt anything more drastic :-)

Cheers,

Steven




You're in a rural location, you shouldn't have any difficulty finding someone to do the top and front of the hedge, the back would depend not just on access but what you want to achieve.
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Re: Hedge removal and replacement with wall

Postby arborlad » Sun Jan 24, 2016 11:22 am

arborlad wrote:
SunbeamFanatic wrote:It certainly looks neglected, thanks for the info, I'll see if anyone locally can effectively trim it back before I attempt anything more drastic :-)

Cheers,

Steven




You're in a rural location, you shouldn't have any difficulty finding someone to do the top and front of the hedge, the back would depend not just on access but what you want to achieve.



I think I should have made it clear I was thinking of a tractor mounted flail for this operation.

There is also the option of having the hedge laid, it could be a perfect candidate.
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Re: Hedge removal and replacement with wall

Postby TO » Mon Jan 25, 2016 3:30 pm

Hi

SunbeamFanatic wrote:I've sent an enquiry to Cheshire East Council but I thought it wise to obtain a corroborative view rather than just rely on any answer they give me.
What you are trying to say is you'd prefer to hear what you want to hear from a bunch of people on the internet rather than accept the advice of the professional planners at your local authority who would have to deal with any application, if that is what was required. Just take the advice of those paid to give it. No one on here could corroborate it as none have seen the site or know of any other potential constraints.

If you're in a rural location why do you want to start spoiling it by introducing urban features. Many applications to do what you are describing are refused at the application stage, (where an application is needed), and later on dismissed at appeal due to the loss of visual amenity and the introduction of incongruous urban features into the rural landscape.

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Re: Hedge removal and replacement with wall

Postby arborlad » Mon Jan 25, 2016 4:13 pm

TO wrote:Hi

SunbeamFanatic wrote:I've sent an enquiry to Cheshire East Council but I thought it wise to obtain a corroborative view rather than just rely on any answer they give me.
What you are trying to say is you'd prefer to hear what you want to hear from a bunch of people on the internet rather than accept the advice of the professional planners at your local authority who would have to deal with any application, if that is what was required. Just take the advice of those paid to give it. No one on here could corroborate it as none have seen the site or know of any other potential constraints.

If you're in a rural location why do you want to start spoiling it by introducing urban features. Many applications to do what you are describing are refused at the application stage, (where an application is needed), and later on dismissed at appeal due to the loss of visual amenity and the introduction of incongruous urban features into the rural landscape.

TO



Wow - that's a bit harsh, all things considered. Have you read any of the comments or suggestions put forward by one of that bunch of people?
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Re: Hedge removal and replacement with wall

Postby jonahinoz » Mon Jan 25, 2016 8:55 pm

Have you read any of the comments or suggestions put forward by one of that bunch of people?

Hi,

Yes! I asked my Planners to confirm that building a pig-sty on my remote field (7.5 acres) was Permitted Development. They replied it would only be PP if the pigs were fed only with food grown on the land. Years later, I read in Sweet & Maxwell that a court had ruled this was incorrect.

I believe there is/was a ruling about destroying "ancient hedgerows" that marked the boundary of a village. I read that many years ago, haven't seen a reference to it since.

John W
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Re: Hedge removal and replacement with wall

Postby jonahinoz » Mon Jan 25, 2016 9:01 pm

Hi,

Do a Google for ANCIENT HEDGEROWS.

Legislation was 1997. Google refers to Definition, Advice, and even something from RSPB. Too much to study tonight.

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Re: Hedge removal and replacement with wall

Postby TO » Tue Jan 26, 2016 9:49 am

Hi

arborlad wrote:Have you read any of the comments or suggestions put forward by one of that bunch of people?
All to often.

jonahinoz wrote:Years later, I read in Sweet & Maxwell that a court had ruled this was incorrect.
It might have been correct at the time you were given the advice. Years later things changed. They always do.

The Hedgerow Regs can be found here http://www.legislation.gov.uk/uksi/1997 ... tents/made and the accompanying guidance here http://www.planningportal.gov.uk/upload ... part_1.pdf

You will note that hedges that form, or are within the curtilage of a dwelling house, are not covered by the Regs. If the hedge is one to which the Regs apply you will need to notify the local planning authority on the appropriate form. They have six weeks to consult and assess the hedge. If it qualifies as 'important' then they can, having taken account of the reasons put forward to support the application, issue a hedgerow retention notice. If the hedge doesn't qualify as 'important' they can't do anything. You can appeal the hedgerow retention notice, but don't expect success unless the authority have messed up in their assessment. There is a strong presumption in favour of retention. If the Regs don't apply you can remove it.

You can put up a wall less than 1m high adjacent the highway, anything over 1m will need planning permission. That's 1m in total including railings you may wish to put on top of the wall.

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Re: Hedge removal and replacement with wall

Postby arborlad » Tue Jan 26, 2016 11:56 am

TO wrote: There is a strong presumption in favour of retention.



................which all of my suggestions supported.
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