North Warwickshire Borough Council

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Frequently Asked Questions: Planning

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Planning FAQs

Q: Can we go straight to the Council with our hedge problem?

Q: My hedge dispute has been running for years. Am I expected to go through all this again?

Q: Who owns a parcel of land?

Q: Who is responsible for the boundary of my property?

Q: How quickly will my planning application be determined?

Q: Who will be consulted when I submit a planning application?

Q: Who will make the decision on my application?

Q: What happens if I make a comment on or objection to a planning application?

Q: On what grounds may I comment on or object to an application?

Q: I think that a building should be listed. What should I do?

Q: Does planning permission override everything else?

Answer:

In short, no. Planning permission does not give you the right to enter land, or to carry out works on land, that is not in your ownership. Planning Permission is only the approval of your proposal by the Council as Local Planning Authority. You will still need to obtain the land owner's permission. In any event it would be courteous if, where possible, you talked to neighbours about your proposal before submitting your application. Planning permission does not affect anyone else's rights.

You may also need to address any legal covenants, rights of access or other private legal matters. You will almost certainly require Building Regulations approval or need to perform the necessary requirements of the Party Wall Act. Commerical premises may also require further licences.

Q: What is outline planning permission?

Q: What will the Council expect us to have done to sort out our hedge dispute between ourselves?

Q: What sorts of hedge complaint can the Council look at?

Q: The hedge has got some gaps in it that allow light through. Does this mean that I can’t complain to the Council about it?

Q: Can I complain to the Council about individual trees?

Q: Does the hedge have to be on the boundary line or in next door’s garden?

Q: What’s a semi-evergreen tree or shrub?

Q: What sort of hedge related problems can I complain about?

Q: I’m worried that the hedge will cause subsidence in my home. Can I complain about this?

Q: Do I have to pay the Council to consider my hedge complaint? If so, how much?

Q: Will I get my money back if the Council uphold my hedge complaint?

Q: Can the Council help me get my costs back from my neighbours?

Q: What if I cannot afford to pay the fee to complain about my neighbour's hedge?

Q: How do I make a complaint about my neighbour's hedge?

Q: What will the Council do with my hedge complaint?

Q: This appears overly complicated. Surely all it needs is for the Council to go and get evidence to show the hedge is a nuisance and then order the offender to cut it down?

Q: How long will I have to wait for the Council to decide my hedge complaint?

Q: If the Council uphold my complaint, will the hedge have to be removed? That would solve the problem once and for all.

Q: What is there to make sure my neighbour keeps the hedge at its new height? Do I have to complain again, and pay a fee?

Q: Does the Council’s remedial notice allow me to cut my neighbour’s hedge if I think they’re dragging their heels?

Q: What happens if my neighbour doesn’t cut the hedge when they’re meant to?

Q: Is there anything I can do if I don’t like the Council’s decision about my hedge complaint?

Q: How do I find out about Tree Preservation Orders?

Q: Can I appeal if against a grant of planning permission?

Q: Is my property at risk of flooding?

Q: Is my property a Listed Building?

Q: Is my property within a Conservation Area?

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