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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mums neighbour submitted a planning application which said

Resolved Question:

My mums neighbour submitted a planning application which said that no hedge would be removed.I have found out that part of the hedge owned by my mum has been cut away & removed by the builders without my mums permission.I've been in contact with the owner of the house who is having the building work but I keep being told he'll address it.Its been 3 weeks now & still not sorted.
What can I do legally? I have threatened him with going to the council to advise them that he's gone against the planning application.
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

Joshua :

May I ask what the planning permission says about the hedge specifically please?

Joshua :

Does the hedge grow out of your mothers land - i.e. on he side of the boundary?

Customer: Yes the hedge grows from my mums side of boundary & the actual application has a box that he's ticked a no to that says are any hedges or trees to be removed
Joshua :

My apologies for the delay in reverting to you over the weekend.

Joshua :

Do I understand correctly that the only reference in the planning permision to the hedge is that no hedge is to be cut away - i.e. because he has declared there is none?

Joshua :

Would you like to continue?

Customer: replied 2 years ago.
Apologies for delays but working long hours! No I read the application that he will not be removing any hedge around the property not because there's none
Expert:  Joshua replied 2 years ago.
No problem. Thanks. A planning application is not able to authorise an individual to cut down somebody else's hedge. planning permission cannot authorise interference or activity on somebody else's land.

if her head has been removed without her permission, this amounts to trespass occasioning damage and/ or criminal damage (for which you could involve the police though they are inconsistent in how they approach such matters). Using the civil law however your mother can serve notice on the neighbouring developer requiring him to restore the hedge with suitable replacement shrubbery within say 10 days and, if she considers it appropriate, seeking payment for damage caused to her land, or her enjoyment of the land, if for example the new shrubbery reduces her privacy until it grows, failing which she reserves the right to issue a claim in the County Court for damages for the cost of replacement shrubbery and also , if she seeks them, damages for damage to her land or loss of enjoyment of the land.

If she decides to issue proceedings in the County Court, The simplest way to do so is by using the courts online issuing service (link below). Costs of the court application can be recovered in the assumption she is successful

https://www.moneyclaim.gov.uk/web/mcol/welcome

Can I help you with anything else or has the above answered your questions satisfactorily?
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