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Council neighbours removing fence between their gardens and felling trees

11 replies

BlueRaspberry7 · 01/05/2023 14:56

We own a property privately in a row of semi-detached council houses that backs onto a children's play park and field.

Our neighbour (not joined to us) and their attached neighbours seem to be friends. They have removed sections of the fence between their gardens and are working together to fell several mature evergreen trees between their two properties.

The neighbour directly next to us is also building a large structure in his garden.

The view from upstairs at our house now looks very different ie. the bedroom looks out into the play park instead of greenery).

We are being affected by the noise of tree chopping /sawing over the last few weekends and they've had a couple bonfires burning wood.

Can anyone advise on legalities of these particular aspects?:

  1. Felling mature trees in council-owned property gardens
  1. Removing parts of the fence/boundary between two adjoining gardens
  1. Building structures on council property land/garden - are there any size restrictions etc?

Thank you

OP posts:
Sweetladyjane · 01/05/2023 15:00

I don’t think they are doing anything wrong - they will have to put the fence back when they move out but it’s up to them what they do in the meantime. Same with the trees if they don’t have a TPO on them the tenant can cut them down.

Theres much less restrictions on council / HA tenants than there is for private ones.

ChateauMargaux · 01/05/2023 15:03

Not sure they have a right to have bonfires in residential areas though and you could alert the council to the tree felling as there maybbe TPOs on them..

Kerfuffler · 01/05/2023 15:12

What structures are they building?

Reugny · 01/05/2023 15:13

These things depend on the individual council and individual area.

Just report them to all the relevant departments of the council and leave it up to them whether they have done anything wrong.

As these things depend on TPOs, conservative areas, building control, etc.

JadedTeal · 01/05/2023 15:21

Why do you care if they remove the fence between the two gardens? Genuine question, I can't see why that would be a problem for you.

Bonfires that close to my house would annoy me.

BlueRaspberry7 · 01/05/2023 15:29

@JadedTeal removing the fences between the gardens doesn't bother me, i know it's not really my business - i am just curious if it's permitted.

OP posts:
prh47bridge · 01/05/2023 15:51
  1. Unless there is a tree preservation order, the properties are in a conservation area, or there is a restriction in the lease, they are free to cut down the trees
  2. There is no requirement for properties to be fenced. Again, unless there is a restriction in the lease, they can remove the fence if they want.
  3. Unless there is a restriction in the lease, they can put up a building in the garden provided they have planning permission, or it falls within the rules for permitted development.
Stemmingthetide · 01/05/2023 15:52

@BlueRaspberry7 the boundary is what’s important. The fact there is or isn’t a fence is irrelevant. If both properties are happy it’s their business and no one else’s.

WRT to the trees, the key issue is if there is a TPO. Check with the council.

BlueRaspberry7 · 01/05/2023 19:01

Thanks so much all - very helpful replies.

OP posts:
TizerorFizz · 02/05/2023 01:01

@BlueRaspberry7
If the trees are evergreen leylandii don’t expect anyone to love them. Any evergreen can be a nuisance in a back garden as they often restrict light, prevent grass growing and are can get way too tall. They won’t have a tpo on them. If you want to block a view you can plant trees. Do please make them deciduous and suitable for a garden.

Ruralrecluse · 02/05/2023 07:06

I dont know if its the same with your council but our local housing association (used to be council) require you to
1 get permission from them to remove any hedge or prune/chop down a tree

2 to get their permission for any work including sheds greenhouses fencing with detailed drawings. Any work done means ha have no further responsibility for it.

The neighbours also have to sign the application to state whether they are in favour or not. Its all in the tenancy agreement of our local ha which you can read online. Perhaps you can with yours?

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