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Hedges and planning
If an evergreen hedge in excess of 2 metres is currently along the boundary of a property next door to one that is the subject of an application for development, is the existence of the hedge now a material consideration in determining the planning application?
Some guidance on the relationship between the high hedges legislation and planning applications is contained in Chapter 1 of High Hedges Complaints: Prevention and Cure (see the sections on Good Design and Planning Conditions). In particular, paragraph 1.7 suggests that, in considering layout and design issues, Councils might consider the impact on the new development of existing trees, shrubs and hedges that are located on adjacent land.
The main point is that careful consideration of issues such as privacy, overlooking, visual amenity, and the impact on the neighbourhood at the development stage can help to prevent future hedge problems/disputes.
Further information on what constitutes a material consideration when determining planning applications is contained in The Planning System: General Principles (see the section on Other Material Considerations). This publication is available on Communities and Local Government website, on the pages relating to Planning Policy Statement 1: Delivering Sustainable Development.
I am concerned that a neighbour's proposed extension will overlook my garden and affect my privacy. In discussion with the Council, they have suggested that - to meet my concerns - they could attach a condition to any planning permission which would specify that an existing hedge near our boundary must be maintained above a certain height. This might solve one problem but could cause others, leading to a hedge dispute. Doesn't this rather defeat the object of the high hedges legislation?
Fast-growing hedges can provide an effective screen for newly developed buildings and so protect a neighbour's amenity. On the other hand, if not kept under control, such hedges might soon overwhelm neighbours. In order to prevent future hedge problems, paragraph 1.12 of High Hedges Complaints: Prevention and Cure suggests that Councils might consider other ways of mitigating the effects of development on neighbours.
A neighbour's proposed extension, as shown in their plans, does not affect me. But they could make alterations at a later date, without having to get planning permission, which would give them a clear view into our home and garden. If I then grow a high hedge to protect my privacy, they will be able to complain to the Council and get it cut down. What's the solution?
Although minor alterations (eg adding or enlarging windows, or converting a flat-roofed extension to a first floor balcony or roof garden) can usually be made without the need to apply for separate planning permission, these rights may be restricted or removed where the Council consider it necessary or reasonable to do so by attaching suitable conditions to the original planning permission. Suggested models of suitable conditions, for use in appropriate circumstances, are contained in Appendix A to Department of the Environment Circular 11/95: Use of conditions in planning permission (see numbers 52 and 62).
You may also be interested in …
On this site
- Limits of the legislation
- Pre-complaint advice
- Hedge owner's perspective
- Party Hedges
- Council as hedge owner
- Overhanging branches
- Fees
- Public registers
- Protected Trees
- Planning conditions
- Hedge height and light loss
- Loss of view
- Remedial works
- Enforcement
- Extending the legislation to other trees and hedges
- Alternative legislative remedies
- Further information
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