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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