I can look into this and come back to you shortly.
Sorry, I have failed to find an answer so I will opt out to let another expert assist.
I see that the previous expert has opted out. I will try to assist you. I need some more information please.
Were you going to sell the land with the trees onto the neighbour but subsequently decided to retain it?
Would the neighbour object to lowering the height of the trees?
Don’t understand how you got the planning approval with the mention of the trees but then say that when you sold the land with planning permission the conditions were mentioned. Can you please explain what you mean because it seems contradictory?
Let me clarify please.
The outline planning permission didn’t mention the trees.
The full planning permission does mention the trees.
The trees which are mentioned belong to another property completely, a neighbour’s property (yours)?
Is that the situation?
I find it rather odd (this may be the point you are making) that someone gets planning permission and it’s a condition that the people in this house don’t touch trees belonging to a neighbour. Unless I’ve misunderstood something.
Notwithstanding the above, would the neighbour object to lowering the height of the trees?
Have you asked the council about lowering the height of the trees? (I’m not saying that you should, I’m just asking whether you have).
Thank you. One final thing, as it wasn’t you who applied for the full planning permission, how do you know of this condition?
So you found out about this condition almost by accident just by virtue of the fact that because you are the adjacent land owner, you were copied in on the permission.
I fail to see how the local planning authority can improve impose a condition on a neighbouring property.
It would have been different if when you applied for the outline permission, they said that you could have the outline permission on the other piece of land provided that you kept the trees on the land you were retaining.
However, if that’s not the case and they have now, out of the blue simply put this condition what is a neighbouring piece of land, over which the other landowner has no control, as I said, I can’t see how they could try to enforce it.
What I suspect here is that because of the veiled connection which the neighbour has with the council, he has asked them to put this condition on hoping that you would think that you were bound by it.
My suggestion would be to write to the council to tell them that you propose to cut these trees down to a height of X and that you are aware there is a condition that they are not lowered without the council’s consent but, that this must be an error on their part as neither the land which they are on nor the trees themselves belong to the person who has the benefit of the planning permission and hence, you cannot be bound by it and that you propose to cut them down by a particular date. Don’t ask them for consent, tell them and then let them come back to you with any argument they wish.
Can I clarify anything for you?
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