Can I remove hedges and shrubs from amenity land that I own?

Can I remove hedges and shrubs from amenity land that I own?

Postby Duran5 » Wed Sep 27, 2017 7:58 pm

Am I allowed to remove hugely overgrown hedges and shrubs from a plot of amenity land that I own? Can I also put up a 1 metre fence to section of this land as we are having issues with people littering and forcing there way through the thick hedge and drinking, leaving behind their beer cans? Thanks in advance for any advice.
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Re: Can I remove hedges and shrubs from amenity land that I

Postby stufe35 » Wed Sep 27, 2017 10:11 pm

On a practical note a hedge will be much more effective at stopping people than a 1m fence. If the hedge is not dense enough then lay it. Before long it will be inpenetrateable.

Not too sure on actual planning implications of your proposal. I believe old hedges (but not sure how old) are protected. I believe a 1m fence is will within planning limits, but others on this forum are more knowledgeable and will doubtless advise in due course.
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Re: Can I remove hedges and shrubs from amenity land that I

Postby TO » Thu Sep 28, 2017 7:26 am

The legislation which stufe35 is alluding to is The Hedgerow Regulations 1997. If the hedgerow is one to which the Regs apply then you will need to go through the notification process managed by the local planning authority. If not then you can remove it. The 1m fence shouldn't need permission, but best check with your LPA rather than on a forum like this one.
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Re: Can I remove hedges and shrubs from amenity land that I

Postby APC » Fri Sep 29, 2017 7:15 am

Did you buy the land from the council?

We have sold similar but have not allowed it to be fenced off as its public open space and public cannot be excluded from it. As above, check with your LPA.
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Re: Can I remove hedges and shrubs from amenity land that I

Postby jonahinoz » Fri Oct 13, 2017 7:24 am

Hi,

Half of my daughter's garden must "not be fenced, and must be kept as amenity land". Apparently "amenity land" is land to be enjoyed. ???

This seems to mean that anyone may enjoy her land, except her. A neighbour started shouting about "amenity land" as a skip was being delivered. She has also been "named and shamed" for leaving some cardboard boxes, tidily, beside her back gate. A council official came calling, was amazed to find it was not their land.

John W
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Re: Can I remove hedges and shrubs from amenity land that I

Postby MacadamB53 » Fri Oct 13, 2017 9:49 am

APC wrote:Did you buy the land from the council?

We have sold similar but have not allowed it to be fenced off as its public open space and public cannot be excluded from it. As above, check with your LPA.
cannot be excluded in what way? unless it's common land, a village green or a highway I am not sure what right the public can enjoy over private land?

my understanding is that land designated as "amenity land" cannot be developed, but that does not mean the public have any rights over the land beyond a general right to enjoy its visually open aspect.
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Re: Can I remove hedges and shrubs from amenity land that I

Postby Collaborate » Fri Oct 13, 2017 12:00 pm

MacadamB53 wrote:
APC wrote:Did you buy the land from the council?

We have sold similar but have not allowed it to be fenced off as its public open space and public cannot be excluded from it. As above, check with your LPA.
cannot be excluded in what way? unless it's common land, a village green or a highway I am not sure what right the public can enjoy over private land?

my understanding is that land designated as "amenity land" cannot be developed, but that does not mean the public have any rights over the land beyond a general right to enjoy its visually open aspect.


My understanding is the same. The LA can force you to keep the land visually open, so no fencing it in, but it is not there for the public to use. If the fact that it is open means the public leave it in an untidy condition perhaps you're best speaking to the local planning department.
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Re: Can I remove hedges and shrubs from amenity land that I

Postby ukmicky » Sat Oct 14, 2017 12:49 am

My belief is unless your permitted development rights have been removed the law allows you to place a fence
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Can I remove hedges and shrubs from amenity land that I

Postby jonahinoz » Thu Nov 16, 2017 9:42 am

My belief is unless your permitted development rights have been removed the law allows you to place a fence

Hi UKMicky,

Erecting a fence is Permitted Development, subject to height restrictions.

But that applies to the environs of your house (I think). Can amenity land be considered to be such environs?

Is amenity land considered open space, such that the LA should have an interest is people dumping litter on it? (As mentioned in a previous mail, the LA complained about my daughter putting cardboard boxes on her amenity land.) If so, demand that they comply with their responsibilities ... it might concentrate their minds.

John W
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Re: Can I remove hedges and shrubs from amenity land that I

Postby MacadamB53 » Thu Nov 16, 2017 10:36 am

jonahinoz wrote:My belief is unless your permitted development rights have been removed the law allows you to place a fence

Hi UKMicky,

Erecting a fence is Permitted Development, subject to height restrictions.

But that applies to the environs of your house (I think). Can amenity land be considered to be such environs?

Is amenity land considered open space, such that the LA should have an interest is people dumping litter on it? (As mentioned in a previous mail, the LA complained about my daughter putting cardboard boxes on her amenity land.) If so, demand that they comply with their responsibilities ... it might concentrate their minds.

John W
Hi John,

you think wrong - erecting a fence is considered a “minor operation” in the latest GPDO - not “development within the curtilage of a dwelling house” - and these can be completed anywhere (subject to any restrictions mentioned within the specific section).

kind regards, Mac
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