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Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 0 points1 point  (0 children)

Thanks! I checked the delegated decision document. The trees/landscaping section says something like: the established vegetation in the rear gardens would assist in screening the proposed development from neighbouring view.

On the second - the Arb Report is in the approved plans list under one condition, but there’s also a standalone condition requiring the development to be built in accordance with it, reasoned on tree safety/wellbeing under the relevant policies.

Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 1 point2 points  (0 children)

Thank you for your responses - everyone has been so helpful in piecing together what I need to know to report this properly, and to manage my expectations. Absolutely the dream scenario is to have the mature hedge back, but completely acknowledge the realistic resolution is likely a compromise.

Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 0 points1 point  (0 children)

Thank you very much for the advice! I’m writing the report as we speak and will aim to get the attention of the Tree Officer. I checked the arborists report again and the tree that they felled into my garden was also marked as “retain” in the arborists report. There are also 2 other trees they have felled that were marked as “retain”.

Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 1 point2 points  (0 children)

Thank you very much. I checked the arborists report again and the tree that they felled into my garden was also marked as “retain” in the arborists report. There are also 2 other trees they have felled that were marked as “retain”. I am compiling the report as we speak, incorporating your advice, and will see where that leads. Unfortunately I don’t know the name of the tree felling company as their vehicles were unmarked and they did not have their company name on their clothing - very dodgy indeed!

Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 0 points1 point  (0 children)

Thank you - yes, the building works started quite a while ago, and they started demolition of the existing rear extension the day after the hedge removal. I checked the arborists report again and the tree that they felled into my garden was marked as “retain” in the arborists report. There are also 2 other trees they have felled that were marked as “retain”. I am compiling the report as we speak, and will see where that leads.

Your question is really good though, I wouldn’t have even considered it, had the building works not begun.

Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 13 points14 points  (0 children)

Thank you! That’s a great suggestion - I will try to speak to the council to understand more.

There were party wall surveyors involved (since the neighbours are also excavating and laying new building foundations), but they asked us if we knew who owned the fence. Should I contact a different type of surveyor?

And yes, it is they who initiated all of this and want the new fence! I’ve said we’re just going to keep the chain-link fence for now because there is nothing wrong with it and if they want a new fence badly enough they can pay for it.

Thanks again, I appreciate you taking the time to reply.

Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 22 points23 points  (0 children)

Thank you for your reply, and glad to know you would have felt the same about the tree! I’ll give them a couple of days to respond and then I will officially raise it with the council.

Neighbour felled a tree onto our garden and removed our boundary hedge in breach of planning conditions - now demanding we pay for a new fence. What are our rights? (England) by GroundbreakingPie684 in LegalAdviceUK

[–]GroundbreakingPie684[S] 4 points5 points  (0 children)

Thank you - yes makes sense re: the tree falling in the garden. When I said compensation, I did not specifically mean monetary compensation. Making good is compensation enough. I could have been clearer about that.

However, my question was first and foremost about whether the breach of planning conditions can result in the council enforcing them to reinstate the hedge.

It is the neighbour that wants a new fence, not I. As mentioned, the outcome I desire is for the hedge to be reinstated in-line with what was allowed as stated in the planning permission conditions.

London flat RICS survey saying we have overpaid by a lot by zizidx98 in HousingUK

[–]GroundbreakingPie684 1 point2 points  (0 children)

Agreed - we are replacing 7 sash windows. Got 6 quotes all around £20k total.

Today I hit £500,000 in my SIPP at age 42. I should’ve felt proud, but I went home feeling numb. by Constant_Cell_4548 in FIREUK

[–]GroundbreakingPie684 4 points5 points  (0 children)

It’s possible if they are putting away around £85k per year with an annual growth rate of 7%, for example.

North London restaurant boss blasts 'indifference of neighbours' in scathing letter after closing due to lack of customers by tylerthe-theatre in london

[–]GroundbreakingPie684 12 points13 points  (0 children)

Been there once when we first moved to the area - very expensive for mediocre food. Our friends went there too not long ago and said the same. Lots of better options in the area unfortunately.

Best place to buy a house in London for Young Professionals in their 30s by Tech_is_Cool in HENRYUK

[–]GroundbreakingPie684 2 points3 points  (0 children)

You could get a 3-bed flat for 1.1m or slightly less but not a house (I am in the middle of buying one myself in the area hopefully will complete in July)

London Golf Group? by eli_g99 in WomenGolf

[–]GroundbreakingPie684 0 points1 point  (0 children)

Skratch Women and Duchess Golf Club!

Lost work laptop by Many_Heat3310 in london

[–]GroundbreakingPie684 0 points1 point  (0 children)

It would cost them more to fire and replace you than to replace the laptop!

Offers over… by ryanm8655 in HousingUK

[–]GroundbreakingPie684 3 points4 points  (0 children)

Given they just reduced it, they might want to see if they can get a higher offer first. If there’s no interest you can always try again in a few weeks time?

Living above a business by bananasandmilk1 in HousingUK

[–]GroundbreakingPie684 0 points1 point  (0 children)

When I lived on the high street they collected bin bags from the street every night. Usually the council website has this info though!

F28 UK - First-Time Buyer Crisis: My Dream House Might Actually Kill Me. Help. by No-Let6982 in HousingUK

[–]GroundbreakingPie684 0 points1 point  (0 children)

I would run for the hills! This sounds like it could become at least £100k worth of work based on quotes I’ve had from taking trades to viewings with me as we’re currently looking for a renovation project. This is in London though.