Hedgerow and planning application

doddy1985

Hi all,

First time to post on boards so sorry if in wrong thread or have done this wrong. Have a query about planning permission in Sligo. Had pre planning meeting and site is fine except for major issue with hedgerow along roadside. Site is on very quiet rural road, only 2 other houses but has mature overgrown hedgerow. Planner has said it cannot be touched so no digging out and placing back few metres, no wall along front of house. Existing hedge can only be trimmed but not cut down and back too much so therefore lign of sight will be an issue.

Has anyone else faced this problem, my own engineer has said first time he has come across this issue, usually they will ask you to dig out old hedge and place new one or place wall few metres back.

Anyone have any helpful solution to this much appreciated.

Mick

Angry bird

Go with what the planner has advised and show maximum sightlines but add that should Council require better sightlines then will provide that with hedge removal and set back.

doddy1985

thanks for reply,

they seem to contradict themselves a bit as they do not want us to doing too much with the hedge but then they are concerned with sight line. Doesn't really give us much to play with.

Offgridcoe

We had similar covenants put on by planners in rural West Limerick but they also wanted 90 metre sitelines from entrance both ways. Our own land covered 40 metres one way and 50 the other so completely unenforceable as it was not our hedge further out. Think you have to with Angry Bird and use the sitelines as an issue to cut hedge back, worked for us.

doddy1985

Offgridcoe wrote: »

We had similar covenants put on by planners in rural West Limerick but they also wanted 90 metre sitelines from entrance both ways. Our own land covered 40 metres one way and 50 the other so completely unenforceable as it was not our hedge further out. Think you have to with Angry Bird and use the sitelines as an issue to cut hedge back, worked for us.

Thanks for reply, ya its the way we are going to have to go at it, try and put entrance in best possible position on site and make it look like how much we want to keep the hedgerow while at the same time getting it trimmed down and back as much as possible.

Dardania

Is it possible to have a plan B in case the planners come back and say you must have the sightlines, and cannot remove the hedge?
Mirrors etc.?

Reputable Rog

Offgridcoe wrote: »

We had similar covenants put on by planners in rural West Limerick but they also wanted 90 metre sitelines from entrance both ways. Our own land covered 40 metres one way and 50 the other so completely unenforceable as it was not our hedge further out. Think you have to with Angry Bird and use the sitelines as an issue to cut hedge back, worked for us.

What do you mean by covenants? Surely you mean requirement. And actually it is very enforceable, it would require you getting a written agreement for the neighbouring landowner to alter the hedgerow.
It seems a bit strange however that they won't allow the hedgerow be cut back even slightly, considering the council probably cut them back anyway. Is there a preservation order on the hedgerow.

doddy1985

Dardania wrote: »

Is it possible to have a plan B in case the planners come back and say you must have the sightlines, and cannot remove the hedge?
Mirrors etc.?

No plan B at the moment. Actually just got off the phone with local TD and asked if he ever came across it. He said he has and that its the same planner in the county council that keeps raising this issue with people. He also said not to worry about it!! Most people have worked around it in some way.

doddy1985

Reputable Rog wrote: »

What do you mean by covenants? Surely you mean requirement. And actually it is very enforceable, it would require you getting a written agreement for the neighbouring landowner to alter the hedgerow.
It seems a bit strange however that they won't allow the hedgerow be cut back even slightly, considering the council probably cut them back anyway. Is there a preservation order on the hedgerow.

No preservation order on it, her exact words were its a mature, overgrown hedgerow that she would allow to be trimmed and maintained but not cut down enough that we would need for our line of sight.
Our site is long, its nearly 100m with the entrance bang in the middle, so we own all the hedge along it, be no issue with neighbors unless we moved entrance.

Reputable Rog

doddy1985 wrote: »

No preservation order on it, her exact words were its a mature, overgrown hedgerow that she would allow to be trimmed and maintained but not cut down enough that we would need for our line of sight.
Our site is long, its nearly 100m with the entrance bang in the middle, so we own all the hedge along it, be no issue with neighbors unless we moved entrance.

That sounds like she's on dodgy ground there to me. If you meet the settlement policy, can meet all the environmental requirements, the house design is acceptable and are willing to take measures to meet site entrance requirements including sightlines then there is no reason not to grant planning permission. I would go as far to say that Sligo County Council are verging on a compensatable reason for refusal in this instance.
Talk to your local elected member about the matter.

Angry bird

Few things. There are conflicting policies at play here in the relevant development plan, policy to protect important hedgerows and policy to have a safe entrance. Common sense would dictate the approach in how the decision is made and planners make recommendations only, unless authority has been delegated by management to the Senior Planner to make decisions.

Visibility improvement works shall be included within the site edged red with necessary landowner(s) permission, then it's enforceable in court.

If refused on policy re hedgerow protection then it's non compensateable. Councils are usually very careful re this.

Re the query, I've revised my opinion, show full sightlines and note traffic safety takes precedence over minor alterations to hedgerow (common sense).

doddy1985

Thanks for all the opinions,

We are going to move along with it anyway, my engineer is going to make a few proposals for the planner and submit them.

I will let you know what the outcome will be.

Reputable Rog

doddy1985 wrote: »

Thanks for all the opinions,

We are going to move along with it anyway, my engineer is going to make a few proposals for the planner and submit them.

I will let you know what the outcome will be.

You need to review the County Development Plan/Local Area Plan and check objectives regarding hedgerows, if it is not a stated objective then the planner is acting the maggot.