planning and hedges

[joe-dans]

evening all

i have just had a planning application for a detached garage in my front garden refused. part of the officers report stated that the 12' high rhododendron hedge was considered too transient to screen the garage from the road. i suggested that the retention of the hedge at a certain height could be made a condition of planning but was told that the council could not legally enforce this. any planning buffs out there to help with this?

 

[John D v2.0]

The planning person is right, growing hedges is not considered development. Was that the only reason for rejection?
If so Why not build a wall or fence?

 

[wessex101]

Retaining established planting for screening is a perfectly normal planning condition and would therefore be enforceable. The Planning Officer is an idiot. If that was the only reason for refusal I would appeal.

 

[LukeB123]

Both posters are right in a way. It's a bit difficult without seeing the proposal and seeing the street scene / context it is siting in / any other conditions.

Planting is an appropriate condition to put on some applications. Maintaining planting at a certain height isn't really that enforceable - to the letter of the law it may be, but in reality are you expecting the Council to come round every week or 2 and measure it? for a year? for the 40 years the garage stands? What if the hedge gets higher than the condition states? what if it becomes part of a high hedge complaint.

It's going to be more so the garage is inappropriate overall - they have probably thrown this reason for refusal on top of another one along the lines of "garage out of character, or impacts on the street scene, or is too big"

If the only refusal reason is hedge - I'd appeal to, a decent statement and you may have a good chance. Otherwise, regardless of hedge / fence / means of enclosure, you'll need to amend the form of the garage

 

[wessex101]

So on that basis all conditions are unenforceable as the Council will have to keep going back to check that the condition has been complied with. I wonder why the planners bother asking for landscaping plans?

 

[Nakajo]

It's something that has long puzzled me - although when I've tested this by submitting random landscaping drawings I have had them questioned/rejected.

 

[John D v2.0]

I don't see how a planning condition can be made to force someone to maintain something. They can write whatever they like down but it might be wishful thinking on their part.
If it were new planting, theyt would have to word the condition as the planting must be completed before first occupation of the garage. But it could die back 6 months later with you not having done anything to it.
For a hedge they could get you to put an obligation to maintain in your deeds before granting permission, but even that would be difficult to enforce if you sold the house.

 

[LukeB123]

So on that basis all conditions are unenforceable as the Council will have to keep going back to check that the condition has been complied with. I wonder why the planners bother asking for landscaping plans?

No, just that specific condition (or how it was typed) doesn't really pass the 8 tests in regards to conditions. A planting condition for X amount of years may do, something similar to John suggested has been put on a few applications I've seen.

It's different having general landscaping plans and conditions for new development that contributes to urban design, to having landscaped areas that are only potentially required to screen poor / inappropriate development.