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Planning Enforcement & Trees
Planning Enforcement
Each year South Northamptonshire Council determines over 1500 planning applications. There is no point in having a planning system if it is not properly policed. It is the duty of the Local Planning Authority to ensure that work is carried out as approved, and that no unauthorised building is allowed across the District. The "Enforcement" side of the Planning Department has the responsibility of seeing that this happens.
It is important to emphasise that the great majority of cases referred to the Enforcement Team are resolved by discussion and negotiation. This is very much to the benefit of all parties, including the Council. Nevertheless, when necessary, the Council does have statutory powers, and does have to use them. The Planning Enforcement Policy sets out to explain both for those reporting an alleged planning infringement, or those who are being investigated, what the rules are, and how they can be applied.
You can view the full policy by click here Planning Enforcement Policy.
How to report a breach of planning control to us
We rely greatly on the town and parish councils and the public to report suspected breaches of planning control. If you think that a breach of planning control has taken place you can inform us by:
- visiting the Council’s offices at Towcester, or
- telephoning the planning enforcement team on 01327 322194, or
- e-mailing to planning@southnorthants.gov.uk, or
- completing the online form on our website
It will help us if you provide as much information as possible about the suspected breach. For example, please give as full a description as you can of the activity and its location. If possible, let us know how long you believe the breach has been taking place and the name or names of the person or persons involved. It will help us to prioritise our investigation if you can also say what harm is caused or is likely to be caused by the breach.
We will not investigate a suspected breach reported to us anonymously unless the matter clearly falls within our first priority list below. We need your name and contact details. We will make every effort possible within the legal obligations imposed on us by the Freedom of Information legislation to ensure that your identity is not disclosed and we will always let you know the outcome of our investigations. However, if the matter you report to us is one of the very small percentage that require legal action to be taken, it is possible that you will be asked to provide written or oral evidence if that action eventually leads to a prosecution.
Tree Preservation Orders
Where the Council considers that a tree or group of trees should be protected it may impose a Tree Preservation Order.
Consent is required from the Council before any work, including pruning or felling, is carried out on any tree which is covered by such an Order. Consent to fell trees protected by an Order will only normally be given where there are sound arboricultural or environmental reasons to do so. In granting permission, the Council may require replanting with a suitable species.
For further information on Trees and Tree Preservation Orders look at the related Special Planning Guidance documents on trees (SPGs) in the Planning Policy Document Library.
Trees in Conservation AreasTrees in Conservation Areas alos benefit from protection. For further information on Trees and Tree Preservation Orders look at the related Special Planning Guidance documents on trees (SPGs) in the Planning Policy Document Library.
The latest position on protected trees
If you or your neighbour owns trees with a Tree Preservation Order (TPO), this is important news.
The position has just recently changed about pruning protected trees where they overhang from neighbouring land. SNC has in the past permitted adjoining landowners to prune back branches and roots of trees where they were encroaching onto their land provided that the works did not prejudice the health and safety of the tree or make it unsightly. This was allowed because there is an exemption on TPOs that allowed works “as far as may be necessary for the prevention or abatement of a nuisance”. But, there has always been uncertainty as to what is meant by ‘nuisance’ because the TPO legislation does not define it. Until recently the prevailing legal opinion has been that ‘nuisance’ is Common Law. This can simply mean encroachment of branches and roots onto adjoining property. As a result, the Council would rarely require that permission be sought for the removal of overhanging branches, provided that the works were carried out in a professional manner.
This situation has changed. A recent legal case in the High Court (Perrin vs Northampton Borough Council) has given clearer direction on how the ‘nuisance exemption’ should be applied. It has been clarified that ‘nuisance’ should be interpreted as being ‘actionable’ in law. This means that any tree cutting works proposed would have to have the effect of preventing or abating actual or imminent damage. For example, roots undermining foundations or overhanging branches damaging a roof.
The overall effect of this is that if parts of your neighbour’s TPO tree is overhanging into your garden and you want to undertake some pruning works, you may only do so without permission should you be satisfied that you are doing only the minimum work necessary to prevent or abate an actionable nuisance. If you want to rely on that exemption, it is strongly advised that you obtain a legal opinion in writing before you do the work in case of the Council investigating alleged unauthorised works, which can result in prosecution with fines up to £20,000 per tree and a criminal record. Works simply to cut back branches and roots because they overhang your property will require an application to South Northamptonshire Council and consent would normally only be granted if the proposed works were for the benefit of the tree.
The Councils’ Arboricultural Officer will be able to advise on the nature and extent of tree work that would be acceptable in line with good industry practice, but cannot make a legal judgement as to whether your case is ‘actionable’ and therefore not requiring an official application. If in doubt, you should make an application or seek independent legal advice or both.
Hedgerows
Consent is required from the Council for the removal of hedgerows in open countryside. It is an offence to remove hedgerow without first obtaining consent.
What do I do if my neighbour’s hedge is too high?
On 1 June 2005 the long-awaited law to control nuisance high hedges came into force and South Northamptonshire Council is responsible for delivering the service.
You may complain to the us if the "reasonable enjoyment of your property is being affected" and you cannot sort it out with your neighbour however hard you try.
The complaint must relate to a high hedge as defined by the law, so ask yourself these questions:
- Does the hedge act to some degree as a barrier to light or access – even though it might have gaps in it?
- Are there two or more trees or shrubs in it and are these roughly in line?
- Is the hedge comprised wholly or predominantly by evergreen or semi-evergreen trees or shrubs?
- Is the hedge over 2 metres high?
If the answer to all these questions is ‘yes’, then it is a ‘high hedge’ under the law.
If you want to complain there is a form to fill in and there will be a fee for the work.
If either party is unhappy with this process, they can appeal to the Planning Inspectorate (link opens in new window)
General
We control work on or the removal of trees and hedgerows and we are working hard to protect native woodland. The felling and restocking of woodlands is carefully controlled to protect the quality of the landscape and its wildlife value.
We have a Landscape Conservation Grants Scheme to help local people carry out small-scale tree planting and other conservation work in areas of open countryside. Northamptonshire County Council also has a Parish Tree Planting Scheme and you can find out more by visiting the County Council website.
We also advise developers on landscaping new developments.