Andrew Posted January 28, 2019 Share Posted January 28, 2019 I have a real dilemma on our build. We received planning permission late last November which had a few conditional attached. These include some prior to commencement conditions, specifically submitting detail plans for the access + visibility splays, a noise mitigation scheme (the plot is fairly near a trunk road) and a surface water drainage scheme. These are all being working on currently but are probably a few week from being done. Our site is also liable for CIL. We have assumed our liability and have received confirmation of our self build exemption. We have not yet submitted the commencement form 6 but when I suggested that I might do it now to ensure I don't forget later I received a response reminding me of my planning conditions and copying in the planning officer who oversaw our application. So the dilemma is that the site is quite heavily overgrown with vegetation, including some mature but very poor condition hedges that follow the boundary. I'm acutely aware that bird nesting season is about to start and I would like to clear the site in the next couple of weeks. This would be done with machinery and the vegetation taken away. On the boundary with the poor condition hedge I would like to replace this with a wooden fence except for where the access will be which I'll use Heras fencing. The wooden fence is shown on the approved plans. I'm concerned that if I do clear the site we will be seen to be starting on site before our planning conditions are discharged. I'm even more concerned that doing the clearance and putting up the fence will be seen as commencement from a CIL point of view and as we've not submitted form 6 then we will end up in a long and potentially very expensive (our CIL liability is approx. £25k) dispute with the council. On the flip side if we wait until the planning conditions can be discharged there's a risk that we'll find a bird's nest and that will stop progress for 6 months. What would you do? Link to comment Share on other sites More sharing options...
PeterW Posted January 28, 2019 Share Posted January 28, 2019 Clear the hedge and put in a single wire fence. That isn’t commencing as it’s not part of the plans. 1 Link to comment Share on other sites More sharing options...
Temp Posted January 28, 2019 Share Posted January 28, 2019 I think doing anything on site is risky until the CIL paperwork is sorted. I would crack on and get the forms and conditions sorted. Meanwhile inspect the hedge regularly. Does it need pruning? Perhaps there are weeds in it that need treating. Be careful not to accidentally kill the hedge or the birds won't have anywhere to nest. 1 1 Link to comment Share on other sites More sharing options...
nod Posted January 28, 2019 Share Posted January 28, 2019 We had exactly the same dilemma when we started our build With the bird season aproaching we needed to feel 25 ten mtr trees and some hedging Planners and the cil chap we’re fine Telling is that cutting trees down didn’t constitute a start Heavey machinery breaking ground was the example I asked if removing the slates off a building we needed to demolish would be a breech The reply I recieved Was no as long as the outer walls are left standing there won’t be a problem 1 Link to comment Share on other sites More sharing options...
Temp Posted January 28, 2019 Share Posted January 28, 2019 I think I would want to make a list of what you propose and see if they will OK it in writing. Link to comment Share on other sites More sharing options...
newhome Posted January 28, 2019 Share Posted January 28, 2019 4 minutes ago, Temp said: I think I would want to make a list of what you propose and see if they will OK it in writing. +1. There is too much money at stake to take a punt. Link to comment Share on other sites More sharing options...
MikeSharp01 Posted January 28, 2019 Share Posted January 28, 2019 (edited) Just call it 'site preparation' and I don't think they can touch you - you have not started you are just getting ready to start. Edited January 28, 2019 by MikeSharp01 1 Link to comment Share on other sites More sharing options...
Temp Posted January 28, 2019 Share Posted January 28, 2019 If time wasn't a factor you could probably apply for a certificate of lawfulness to confirm the proposed work doesn't constitute commencement. Wind farms occasionally do something similar if they aren't going to be built for a few years. They build an access and apply for a cert to confirm work has commenced rather than hasn't commenced. Then they don't need to worry about the 5 year limit on their PP. 1 Link to comment Share on other sites More sharing options...
CC45 Posted January 28, 2019 Share Posted January 28, 2019 Cover all the hedge with a fine mesh so the birds can't access it for nesting. Hedge cutting time now - can you get a local farmer to give it a good trim first? 1 Link to comment Share on other sites More sharing options...
Roundtuit Posted January 28, 2019 Share Posted January 28, 2019 Assuming the boundary hedges are definitely yours, there is no statuatory protection in place (TPO etc) and no planning conditions to retain them, then I don't think there is anything to stop you doing a spot of gardening with a chainsaw. Are you cutting them back hard to get them back in good order, or grubbing out altogether? Link to comment Share on other sites More sharing options...
andy Posted January 29, 2019 Share Posted January 29, 2019 17 hours ago, CC45 said: Cover all the hedge with a fine mesh so the birds can't access it for nesting. Hedge cutting time now - can you get a local farmer to give it a good trim first? Do not do this, this is hazardous to birds and will no doubt result in birds getting trapped and die (which would be illegal and cruel). I don't get why people cannot make space for wildlife in their lives... the amount of hedging and habitat we are losing is terrifying. Personally I'm putting back in as much hedging as my site will support along with a pond. 2 Link to comment Share on other sites More sharing options...
Andrew Posted January 29, 2019 Author Share Posted January 29, 2019 Thanks for all the replies and suggestions. I think I will play it safe and contact the CIL people / planning officer with what I propose to do and get it in writing that it's okay. Wonder how many weeks it'll take for them to reply to my enquiry. I also think it's best to avoid putting in the fence that's on the plans - a Heras fence for the boundary would be fine for now. Link to comment Share on other sites More sharing options...
mvincentd Posted January 29, 2019 Share Posted January 29, 2019 You own a plot of land that has planning permission but you've not submitted a commencement or indeed commenced with anything. Having planning permission does not obligate you to utilise it. Meanwhile you own a plot of land with boundaries that include hedges that continue to (over)grow. You can upkeep those hedges. If the hedges aren't protected you can even replace them (and yours clearly aren't protected because your planning permission shows them replaced with a fence). I think at the start of our builds we were all paranoid about how interested authorities were in such details but found reality to be surprisingly chilled and rational. Your greater concern should be neighbour relations regarding cutting out the hedges, regardless of WHEN you do it. There is (rightly) a lot of love for a well established hedge. 2 Link to comment Share on other sites More sharing options...
Andrew Posted January 29, 2019 Author Share Posted January 29, 2019 37 minutes ago, mvincentd said: I think at the start of our builds we were all paranoid about how interested authorities were in such details but found reality to be surprisingly chilled and rational. Your greater concern should be neighbour relations regarding cutting out the hedges, regardless of WHEN you do it. There is (rightly) a lot of love for a well established hedge. Sage advice I think. It's the £25k CIL liability that terrifies me, especially with the stories you hear of councils ferociously chasing self-builders for huge sums because they forgot to file a form in time. Btw this hedge is an absolute state - I don't anticipate any backlash but you never know. Link to comment Share on other sites More sharing options...
CC45 Posted January 29, 2019 Share Posted January 29, 2019 11 hours ago, andy said: Do not do this, this is hazardous to birds and will no doubt result in birds getting trapped and die (which would be illegal and cruel). I don't get why people cannot make space for wildlife in their lives... the amount of hedging and habitat we are losing is terrifying. Personally I'm putting back in as much hedging as my site will support along with a pond. that was a standard technique practiced by a contractor who widened the road outside my place of work - all supervised by the necessary authorities. I passed it every day since I walk to work and I didn't see a single bird of animal trapped in it. It is rather arrogant to assume that I'm not creating wildlife space - we have left a large undeveloped area on our plot deliberately for wildlife - in excess of 100m2. I suspect this is more than most people do and unlike our neighbours we will not put artificial grass down. Link to comment Share on other sites More sharing options...
andy Posted January 29, 2019 Share Posted January 29, 2019 Unrelated comments (sorry to confuse), didn’t mean to link them or infer you were stripping out the hedging. Link to comment Share on other sites More sharing options...
CC45 Posted January 29, 2019 Share Posted January 29, 2019 3 minutes ago, andy said: Unrelated comments (sorry to confuse), didn’t mean to link them or infer you were stripping out the hedging. Link to comment Share on other sites More sharing options...
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