Removed hedge, right to privacy?

Stratman59
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Removed hedge, right to privacy?

Post by Stratman59 »

Hello, I’m hoping someone will be able to help us.
When we moved into our home 2 years ago, one side boundary was a neatly trimmed 2.5 m high conifer hedge along a 50 m stretch. This provided a lovely private garden space for both us and our neighbour.
Last year our neighbour applied for planning to convert an out-building in her rear garden into a single-story dwelling for her to rent out which was approved. We didn’t object as we felt it wouldn’t have any detrimental effect on our property as we had the hedge to provide privacy. This dwelling frontage, now complete, has all its windows facing directly onto our patio and garden only 7-8 meters away. Again, we were not concerned as the hedge provided good privacy. We then woke one morning to the sound of a digger removing the hedge leaving us with only a 0.9m high dilapidated chain-link fence as a boundary and zero privacy. It has now been left like this for over 5 months.
We are unable to erect a fence on our land as the pinch point between the corner of our house and the boundary at the rear access passage to the back gate, is only 700mm and if we narrow that anymore we can’t get wheelie bins or a wheelbarrow or anything else to the back garden.
The boundary does belong to the neighbour and we assume she had the right to cut the hedge down but surely there must be some rule for her to take into consideration our right to privacy. The council planning officer has told us there is nothing they can act on.
Our neighbour has her own garden nicely fenced for he own privacy from the new dwelling.
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MacadamB53
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Re: Removed hedge, right to privacy?

Post by MacadamB53 »

Hi Stratman89,

surely there must be some rule for her to take into consideration our right to privacy

what right to privacy are you referring to?

kind regards, Mac
Collaborate
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Re: Removed hedge, right to privacy?

Post by Collaborate »

Surely you can fence to within 1m of the corner of your house? Privacy for you plus you can still use your wheelie bins.

As Mac alludes to, if you want your privacy you're going to have to make it happen yourself.

And Mac - we all have a right to privacy - it's in the Human Rights Act - but HRA rights are not engaged/trodden on in this instance.

Article 8 - Right to respect for private and family life

1Everyone has the right to respect for his private and family life, his home and his correspondence.

2There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
MacadamB53
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Re: Removed hedge, right to privacy?

Post by MacadamB53 »

Collaborate wrote: Wed Jul 22, 2020 6:26 pm Surely you can fence to within 1m of the corner of your house? Privacy for you plus you can still use your wheelie bins.

As Mac alludes to, if you want your privacy you're going to have to make it happen yourself.

And Mac - we all have a right to privacy - it's in the Human Rights Act - but HRA rights are not engaged/trodden on in this instance.

Article 8 - Right to respect for private and family life

1Everyone has the right to respect for his private and family life, his home and his correspondence.

2There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.
I am aware of the HRA - I posed the question to the OP as this might not be what they were referring to given the HRA isn’t relevant...
despair
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Re: Removed hedge, right to privacy?

Post by despair »

The irony is the hedge will have been a material reason why the planning was granted
MacadamB53
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Re: Removed hedge, right to privacy?

Post by MacadamB53 »

despair wrote: Wed Jul 22, 2020 9:23 pm The irony is the hedge will have been a material reason why the planning was granted
how do you know that?
despair
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Re: Removed hedge, right to privacy?

Post by despair »

Thats my experience with planners ....if the proposed building can no be seen by neighbours permision is given ...on assumption that will remain ...clearly the OPs neighbours were aware of this and the design of their 2nd building is now affecting the OP
cleo5
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Re: Removed hedge, right to privacy?

Post by cleo5 »

Stratman 59,
What is to stop you erecting a high fence alongside the old wire.
You can hinge the panel next to the house wall for entry to your garden for bin access etc.
If the hedge belonged to neighbouring property then they can remove it if they wish.
A fence will give you immediate privacy.
Stratman59
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Re: Removed hedge, right to privacy?

Post by Stratman59 »

Thanks for all replies, it looks like the only option is to erect a fence our side. We certainly can't afford it at the moment with the covid nightmare meaning my income has plummeted.
I'll note the suggestions about the narrow point at the corner of the house, will have to figure out the best option.
It does seem unfair though that we now face a considerable bill for fencing, I wouldn't be at all surprised if that was the neighbours plan all along, leave it looking a total eyesore to force our hand? Why can't people just be considerate to their neighbours, the world would be a better place wouldn't it.
despair
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Re: Removed hedge, right to privacy?

Post by despair »

Regretably inconsiderate behaviour is becoming the norm lately

Look on freegle and freecycle groups you might find someone offering fence panels or rolls of fabric ....or even pallets .. and odd cans of fence paint ..just construct a screen from whatever you can gather and ...and dont worry in the least about how it looks their side ......quid pro quo
MacadamB53
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Re: Removed hedge, right to privacy?

Post by MacadamB53 »

Hi Stratman59,

Why can't people just be considerate to their neighbours

e.g. not offering to replace your neighbour’s hedge with one of your own to relieve them of the burden of maintaining it? agreed - not very considerate... :)

kind regards, Mac
Stratman59
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Joined: Wed Jul 22, 2020 11:20 am

Re: Removed hedge, right to privacy?

Post by Stratman59 »

Mac, you really need to leave off the angry pills, you're being no help to anyone.
What a stupid comment to make, why would I offer to replace a hedge that my neighbour has pulled down? Why does every forum have one like you? You sound like just the kind of obnoxious person that causes this kind of issue.
arborlad
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Re: Removed hedge, right to privacy?

Post by arborlad »

Stratman59 wrote: Thu Jul 23, 2020 1:15 pm Mac, you really need to leave off the angry pills,


Mac, is one the least likely Forum members to need/use angry pills.......

What are your neighbours plans for that area/boundary?
Last edited by arborlad on Thu Jul 23, 2020 1:26 pm, edited 2 times in total.
arborlad

smile...it confuses people
Collaborate
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Re: Removed hedge, right to privacy?

Post by Collaborate »

arborlad wrote: Thu Jul 23, 2020 1:21 pm
Stratman59 wrote: Thu Jul 23, 2020 1:15 pm Mac, you really need to leave off the angry pills,


Mac, is one the least likely Forum members to need angry pills.......
Contentious. Are you saying Mac gets angry without the pills?
Stratman59
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Re: Removed hedge, right to privacy?

Post by Stratman59 »

I believe the area is going to be parking for my neighbour and the new dwelling.
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