Hedgerow Boundary a condition of planning.

delb83 · 07-05-2023 01:19PM #1

Hi all,

I'm just about to purchase a site for which I have planning permission. However the land owner has inserted a clause in the contract requiring me to construct a boundary wall to the rear and side of the site ( his land is on the other side of these boundaries)

My conditions of planning state that a hedgerow should be planted around the site boundary so I assume this would preclude me from building a wall or could the landowner argue that I could do both and not be in breach of planning conditions?

Thanks in advance

Peregrinus · 08-05-2023 08:44AM

The wall and the hedge cannot both be on the site boundary, obviously. If your planning permission requires a hedge on the site boundary, tell the vendor that for this reason you cannot undertake to build a wall on the site boundary (but, if you wish, offer to build a wall on his side of the hedge, or on your side of the hedge, subject in either case to planning permission).

In your position, I'd keep the offer to build the wall in reserve; the vendor might accept that you have to plant a hedge on the boundary and he might decide that, given that, the additional utility to him of an off-the-boundary wall as well would be negligible. You could offer a covenant to keep the hedge in a sound condition and well-maintained.

iniscealtra · 08-05-2023 07:11AM

you could build a wall with a hedge inside it

Former Former Former · 08-05-2023 07:22AM

Don't forget, you'll need planning permission for the wall too. You can't commit to something that is (partly) out of your hands.

i.e. what if you agree to this clause, buy the site and the council refuses permission for the wall?

chooseusername · 08-05-2023 09:28AM

Offer to plant a stock-proof hedge on the boundary, with a stock-proof fence on the neighbour's side to protect the hedge until it's mature, about 5 years.

TheClubMan · 11-04-2025 02:32AM

On the issue of hedgerows - once an applicant receives planning permission with the condition that the hedgerow must be removed 90m in both directions and setback, can the existing hedgerow be removed during the nesting season to allow building begin on the site?

Peregrinus · 11-04-2025 03:02PM

https://www.boards.ie/discussion/comment/123345868#Comment_123345868

I wouldn't think so. There's nothing in the Planning Act to say that getting planning permission to do something allows or requires you to do it in a way that would breach some other law. If the removal of hedges is banned during the nesting season and if the job requires the removal of a hedge, then you can't do the job during the nesting season. This is so whether the need to remove the hedge is something that you have identified yourself, or has been imposed on you as a condition of your planning permission.

JVince · 11-04-2025 03:14PM

Best option is post & rail fencing with hedge on one side. That how's the majority are done

Hedgerow Boundary a condition of planning.

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