OTT request from planning dept ?

[JLT]

Hi All,

 

looking for some advice if you don’t mind.  Will try to keep it short :

 

I’ve had approval for a 5x4m extension to the side of my property, which backs onto a farm / green belt land.  Basically the farmer sold part of the land upon which my development was built .

 

My garden is surrounded by livestock fencing, with hedges inside the boundary .  There are also a few trees no more than 5 years old .. none of which have TPO’s .  
 

The extension will finish about 1.4m from the bushes , and quite close to one of the trees (I would like to keep it , but likely it’ll have to be removed).

 

The council have made my approval conditional on the following :

 

Pre-Commencement condition:

 3. Before commencement of any building operations on site (including demolition, enabling, clearing and delivery of associated machinery or materials) details shall be submitted to and approved in writing by the Local Planning Authority of the trees, planting and hedgerow to be retained along the boundary adjacent to the extension hereby approved. The details shall include measures to protect the trees, planting and hedgerow during building operations and details of a foundation design. The foundations of the proposed development shall be designed to take into account and avoid damage to the retained trees, planting and hedgerow. The development hereby approved shall be built in accordance with the approved details unless prior approval has been obtained in writing from the Local Planning Authority.

The approved protection measures shall be erected around the necessary areas for the duration of the building works. Following the removal of the protection measures the trees, planting and hedgerow shall be maintained for a period of five years. Any trees, shrubs or grassed areas which die, are removed or become seriously damaged or diseased within this period shall be replaced within the next planting season with plants of similar species and size to that approved.

So I’ve submitted pictures , measurements from the proposed extension to the bushes (mostly hawthorns) and confirmed the builders will cover/protect them whilst work is carried out , and also represented that anything that dies will be replaced .  I now understand this is with their resident arboriculturist for comments .   All seems a bit excessive to me especially in terms of potentially having to change the foundations .  My architect is shocked they are making me jump through these hoops, but also said we have to “play the game”.

 

As experts in this field does this seem excessive to you ? Of course I want to preserve the hedges etc where I can for privacy purposes , but they are on my property and it’s likely going to end up

costing me 1000’s extra to protect them / change foundations when I could theoretically have removed them already absent the extension request !
 

Any comments , guidance much appreciated 

 

Thanks In advance 

 

JT

 

[Khriss]

13 hours ago, JLT said:

That’s not what I intend to do to be clear … but I was of the understanding that if it’s on my land and not forming a border with anyone else I could.

A lot of people think they can still, but often its not just protected by only one bit of legislation  ! K 

[Khriss]

13 hours ago, Paul in the woods said:

I thought you can if it's in a garden. "A hedgerow is not protected if it’s in, or marks the boundary of, a private garden." https://www.gov.uk/guidance/countryside-hedgerows-regulation-and-management

 

Having said that, is the house recently built? Just wondering if those conditions come from the original permission?

 

Hard to tell for the pics , but even if its part of an original hedgerow - it could still be covered , it also begs question of what the developer got away with before ! K

Edited July 29, 2021 by Khriss
( @JTL I think yr architect is being rightly cautious )

[JLT]

34 minutes ago, Khriss said:

Hard to tell for the pics , but even if its part of an original hedgerow - it could still be covered , it also begs question of what the developer got away with before ! K

Not an original hedgerow .  Was planted when the house was built 

[Paul in the woods]

1 hour ago, kevinjohnsonmbe said:

What they have actually done is quite reasonable.

Really? It would appear you could remove everything before submitting the plans or after 5 years, so the conditions don't look that reasonable to me, especially the bit about dying grass. The conditions look somewhat cut 'n pasted to me, from a larger development perhaps?

 

All of which is a moot point if as the OP wishes to keep the hedge and trees. So, can an arb consultant provide advice on the foundations and if so, what qualifications should one look for? (I have a similar project on the go so it would be good to know what to look for).

[JLT]

3 hours ago, Paul in the woods said:

Really? It would appear you could remove everything before submitting the plans or after 5 years, so the conditions don't look that reasonable to me, especially the bit about dying grass. The conditions look somewhat cut 'n pasted to me, from a larger development perhaps?

 

All of which is a moot point if as the OP wishes to keep the hedge and trees. So, can an arb consultant provide advice on the foundations and if so, what qualifications should one look for? (I have a similar project on the go so it would be good to know what to look for).

Precisely my point .  I mean, it’s fine if they just want clarification of what I plan to keep (which is all of it , hopefully) ..  but now they are implying that I may need to change my foundations to accommodate.  

 

this is the response I got from planning 

 

“If the details are not acceptable, then you will need to revise the foundation and protection details.”

 

 

[kevinjohnsonmbe]

4 hours ago, Paul in the woods said:

Really? It would appear you could remove everything before submitting the plans or after 5 years, so the conditions don't look that reasonable to me, especially the bit about dying grass. The conditions look somewhat cut 'n pasted to me, from a larger development perhaps?

 

All of which is a moot point if as the OP wishes to keep the hedge and trees. So, can an arb consultant provide advice on the foundations and if so, what qualifications should one look for? (I have a similar project on the go so it would be good to know what to look for).

 

59 minutes ago, JLT said:

Precisely my point .  I mean, it’s fine if they just want clarification of what I plan to keep (which is all of it , hopefully) ..  but now they are implying that I may need to change my foundations to accommodate.  

 

this is the response I got from planning 

 

“If the details are not acceptable, then you will need to revise the foundation and protection details.”

 

 

Pretty much all of what they have conditioned probably should have been included in an AIA which should have been done prior to design concept and a AMS/TPP/LEMP which can reasonably follow as conditions. 
 

OPs ‘problem’ is the architect rather than the LA. If the architect isn’t aware of what’s on the validation list you’ll end up like this. 
 

Of course there is the other approach which was touched upon in another thread where ‘regs’ actually create hassle rather than facilitate solutions  - bats, TPOs etc. If you’d cleared your site prior to submitting planning app you wouldn’t be in this situation. 
 

Has your application actually been approved and these conditions attached to the approval? 

[JLT]

27 minutes ago, kevinjohnsonmbe said:

 

Pretty much all of what they have conditioned probably should have been included in an AIA which should have been done prior to design concept and a AMS/TPP/LEMP which can reasonably follow as conditions. 
 

OPs ‘problem’ is the architect rather than the LA. If the architect isn’t aware of what’s on the validation list you’ll end up like this. 
 

Of course there is the other approach which was touched upon in another thread where ‘regs’ actually create hassle rather than facilitate solutions  - bats, TPOs etc. If you’d cleared your site prior to submitting planning app you wouldn’t be in this situation. 
 

Has your application actually been approved and these conditions attached to the approval? 

Hi, yes it has been approved.  I need to satisfy this condition prior to commencing the build . 

[Anno]

I think your major problem would be the Oak, the Council will want at least a plan to show accurate positions and plotted RPA's - all pretty standard stuff to be honest?

As for checking if the Application Form boxes have been ticked, most planners will check anyway.

[Canal Navvy]

Finding the oak could be challenging, can't have been in leaf when the plans were drawn up 😉