ok to plant hedges beside public road?

[cydcyd]

We live at the end of a long, narrow, very twisty country lane in Northamptonshire. The road to our house is owned by the council. There are just a handful of houses scattered along the lane and the road ends at our house. Someone has bought the land running for about half a mile each side of the lane and is planting hedges along it. They've also built a few new houses, causing increased traffic, and plan to start a small business which will increase the traffic further. We have lived here for half a century and there have been no road accidents until recently. The reduction of visibility (caused by the new hedges) and the new kinds of drivers (unfamiliar with the lane, often fast drivers, sometimes lorries) is already making the lane dangerous and we fear it is going to get worse as the hedge planting continues and the development increases. There have been some traffic accidents already (not involving us, thankfully) and it feels dangerous now. We are also concerned that as the hedges are planted, the passing places are disappearing. The lane has always been hedged along parts of it, but parts of the lane have always been open to the fields alongside them. Do they have to get permission to plant the hedges alongside the lane? We haven't been consulted about the effect on us, and wonder whether there is any way that we can have our say without confronting them directly. We are in our 80's and, living in this isolated spot, value our neighbours and don't want to risk falling out with them. We would be grateful for any advice.

 

[chapeau]

Hedges are considered to be good things. If it's a public highway then they will have to keep the hedge from blocking the passing places. The rest of your issues sound like planning problems. If anything, if the hedge blocks the view of the highway, then it might make development more difficult but it would depend on a lot of complex factors.

 

[geraldthehamster]

We live at the end of a long, narrow, very twisty country lane in Northamptonshire. The road to our house is owned by the council. There are just a handful of houses scattered along the lane and the road ends at our house. Someone has bought the land running for about half a mile each side of the lane and is planting hedges along it. They've also built a few new houses, causing increased traffic, and plan to start a small business which will increase the traffic further. We have lived here for half a century and there have been no road accidents until recently. The reduction of visibility (caused by the new hedges) and the new kinds of drivers (unfamiliar with the lane, often fast drivers, sometimes lorries) is already making the lane dangerous and we fear it is going to get worse as the hedge planting continues and the development increases. There have been some traffic accidents already (not involving us, thankfully) and it feels dangerous now. We are also concerned that as the hedges are planted, the passing places are disappearing. The lane has always been hedged along parts of it, but parts of the lane have always been open to the fields alongside them. Do they have to get permission to plant the hedges alongside the lane? We haven't been consulted about the effect on us, and wonder whether there is any way that we can have our say without confronting them directly. We are in our 80's and, living in this isolated spot, value our neighbours and don't want to risk falling out with them. We would be grateful for any advice.

Generally, you don't need planning permission for a boundary hedge, and the height limitations applicable to walls and fences do not apply to hedges.

Regards
Richard

 

[^woody^]

Generally, you don't need planning permission for a boundary hedge, and the height limitations applicable to walls and fences do not apply to hedges.

Regards
Richard

Hedges above 2m high do come under planning control and can be enforced against

 

[cydcyd]

Chapeau, Gerald the Hamster and Woody
Thank you very much for your replies.

 

[clifford1]

It depends how far the highway extends, as opposed to the carriageway.

 

[geraldthehamster]

Generally, you don't need planning permission for a boundary hedge, and the height limitations applicable to walls and fences do not apply to hedges.

Regards
Richard

Hedges above 2m high do come under planning control and can be enforced against

A planning condition on the height of hedges might be attached to a development, but otherwise hedges of any height don't need planning permission, so are not subject to planning enforcement:

http://www.planningportal.gov.uk/permission/commonprojects/fenceswallsgates

There is legislation that can be used against high, evergeen hedges that are deemed to be a nuisance.

Cheers
Richard

 

[^woody^]

There is legislation that can be used against high, evergeen hedges that are deemed to be a nuisance.

It's not "legislation", it's the planning control that you quoted back to me

It's not "high evergreen hedges" either, it's hedges over 2m. Another

 

[geraldthehamster]

There is legislation that can be used against high, evergeen hedges that are deemed to be a nuisance.

It's not "legislation", it's the planning control that you quoted back to me

It's not "high evergreen hedges" either, it's hedges over 2m. Another

I'm sorry Woody, but the legislation I was referring to is the Anti-Social Behaviour Act 2003: Part 8. You can read it here:

http://www.legislation.gov.uk/ukpga/2003/38/part/8

It enables complainants to apply to councils for remedial notices to be issued if reasonable steps have not resolved the nuisance caused by high hedges. It only applies to evergeen hedges. It's nothing to do with planning.

The planning guidance I quoted in my earlier post says, specifically:

"You do not need planning permission for hedges as such, though if a planning condition or a covenant restricts planting (for example, on "open plan" estates, or where a driver's sight line could be blocked) you may need planning permission and/or other consent."

Except where a planning condition or covenant exists, there is no requirement for planning permission for hedges.

Having said that, I believe councils have a duty to ensure that highways are not obstructed, and that visibility is maintained at junctions, so there might be some recourse there.

Richard

 

[cydcyd]

Thank you to all. It sounds as though we'll have to get a bit involved in the planning applications just to make sure that the decision makers are aware of the road situation and include any necessary conditions in any permissions. The visibility is already very poor on parts of this narrow & twisty road, but it hasn't been too much of a problem because no more than a dozen vehicles use the road and we all know it well & drive carefully. We just want to make sure that it isn't turned into a death trap by increased (and unfamiliar) traffic that will be caused by the development, especially if combined with loss of the ability to escape onto verges where necessary (loss that we fear could be caused by future planting of hedges). Our ages make it a bit difficult (our daughter is typing this for us) but needs must. Thank you again for all your input.

 

[mattylad]

Do you own the land that you intend to plant on?

Quite often if it is the verge then the highways dept consider it to be within their control even if you own it.

 

[cydcyd]

It's not us who want to plant on the verge, it's our neighbours. I am guessing that they do own it.

 

[mattylad]

Then if you object you could dob them into the highways dept.

They may be interested in the plans.

 

[clifford1]

If it's the verge then it is part of the highway. You are not allowed to place obstructions on the highway, it is a public right of way.