Hedging needing planning permission / restrictive covenant

Ricky_Rooney

Hi, appreciate these matters are pretty subjective but would really appreciate any help if anyone has experience in these matters. We'd like to plant a low level (approx 1m) hedge along the edge of the strip of land that I own but that sits outside my fence line. In my deeds there is a section that advises that the open aspect of the estate needs to be maintained. However, the builders don't seem to exist any more and there doesn't appear to be a successor named in the deeds...although my legalese isn't great! We already went through planning to move our fence line to where it is now - we had proposed to push it to the boundary but we had to amend the plans to allow a 3m strip. I'd like to make some use of this land - its the last place that gets the sun and I'd like some extra storage too but am concerned that if we just go ahead and plant the hedging we may end up having to remove it.

TL:DR - can I plant a 1m hedge along the edge of this strip of land and not be contravening the restrictive covenant on maintaining open aspect or fall foul of planning.

user1977

What have the neighbours got away with?

Ricky_Rooney

Not sure if the photo attached to the prev post. We'd make sure we maintained a sight line for the property at the end of the strip so they could exit their drive safely

Cash-Cows

Unless this is a private road there's a good chance that the verge is public highway. I suggest you check highway boundary plans before you do anything as your deeds are not relevant where highway is concerned. 

eddddy

You wouldn't normally need planning consent to plant a hedge - unless there is planning condition specific to your house or development that says you can't.

As you say, the builders (or their successors) might not be interested in enforcing the covenant - but perhaps it would annoy your neighbours, especially if they are all adhering to the principle of keeping the open aspect of the estate.

(TBH - I don't know your precise plans - but if I was a neighbour, I think I might be 'unimpressed' at the idea of you growing a 1m hedge and storing stuff behind it, in the area shown on your photo.)

user1977

Also that sort of strip tends to have utilities under it, which is one reason for prohibiting building and planting. Have you checked?

Ricky_Rooney

Other houses on the estate have gone right up to the edge with large hedging (>2m) or 6ft fencing. However the majority border a footpath whereas ours is straight onto the road (although from what we've read a footpath also constitutes a highway). One house opposite ours borders the road and they've planted a load of tall shrubs and hedges there.

Good shout re utilities - Looking at the plans there is a section highlighted which is on the actual road rather than the verge. There also used to be 3 conifers equally spaced on the verge before but I took them out when we were doing some other work.

Ricky_Rooney

eddddy said:

You wouldn't normally need planning consent to plant a hedge - unless there is planning condition specific to your house or development that says you can't.

As you say, the builders (or their successors) might not be interested in enforcing the covenant - but perhaps it would annoy your neighbours, especially if they are all adhering to the principle of keeping the open aspect of the estate.

(TBH - I don't know your precise plans - but if I was a neighbour, I think I might be 'unimpressed' at the idea of you growing a 1m hedge and storing stuff behind it, in the area shown on your photo.)

Yeah, fair one - we'd want some seating there as well (it's the last place that gets the sun)and would incorporate it with the existing garden through some kind of arch so it's not just going to be a hedge and a load of storage boxes!! We've sounded out the neighbours who face it and they were fine with it but just wanted to get a feel for whether there could be any more formal repercussions

UnderOffer

I'd like to make some use of this land - its the last place that gets the sun and I'd like some extra storage too....
are you proposing to hedge then add a shed? 

Ricky_Rooney

UnderOffer said:

I'd like to make some use of this land - its the last place that gets the sun and I'd like some extra storage too....
are you proposing to hedge then add a shed? 

No, not a shed - just some sort of storage for cushions / kids toys etc