Neighbours planning restriction is on my land!

[WhyCantPeopleBeNice]

Hopefully you can all help, my neighbours have applied for planning permission for a menage, this will be VERY close to my property.
Despite objections our planning committee gave them permission. There was a planting scheme clause and they had to submit plans. Work has started so I checked the portal and hey presto plans were submitted (but not shared with neighbours)

Their planting scheme includes a hedge on my land and states it must not be cut below 2 metres.
I'm not being funny, but WTF?

This has apparently been approved as building works have started.

We objected because the original plan had a road less than 6 metres from our kitchen window for machinery and the menage will be 10 metres away. It was pushed back 1 metre so now only 11 metres away because they were made to put in a planting scheme but this planting scheme is my existing hedge, a 1.8 metre fence and then them planting some laurel (50cm high!)

Can the planning department really allow them to include my hedge in their planting scheme?
Can they place a restriction on it, without our knowledge?

According to their plans I am now responsible for a maintenance course as set out by them and approved of the council to reduce the impact they are causing me.

Please someone tell me if this is allowed? We had plans to remove part of our hedge to fit a summer house in and now it looks like we cant

Apologies. Cross-posted.

Well I've one friend with a ménage behind their home and another where the field they overlooked is now 105 homes. I think the ménage they would both agree is the better option. Up the road from us the lady died, nice sized garden with a long side piece. Her inheritors have lopped off the side garden got planning it's now for sale as a plot of land with planning for a small industrial unit 🙈

They sound charming (Sarcasm)
If they can’t control a dog, they are unlikely to do better with a horse-
Their potential lack of stable management and care of the sand school would worry me, it being so close,
plus they sound like the sort of people who will shout at horses.

Re the dog one neighbour invented a dog attack, put on a big dressing called the police. The owner of said hound demanded the police remove the dressing which of course they refused. That was inventive I thought. Another old boy in the village got fed up with the cats. Four died inside a fortnight. We reckon anti freeze but it was never proven.

Might be time to go for a Judicial Review. There do seem to be errors on the part of the LA not following due process.

Bizarre decision, a friend has recently had their application to extend their outdoor arena despite no neighbours.

I'd be really concerned about hours of use and hope it was restricted to protect residents from noise.

OP, YANBU, however it is neither manage nor menage, it is manège!

Manège in French means « merry go round ».
Ménage means cleaning, « femme de ménage » is cleaning lady, « faire le ménage » is to do the cleaning of your house.
Manage doesn’t mean anything in French.

Just look up the planning decision notice or decision report, see who the case officer is. Call up your local planning department and speak to the case officer and explain this issue. This is their problem and lack of due diligence not yours. The neighbour will have to revise their plans.

How would horses being ridden in the manege react to, say, a badly fitted sun sail in your garden, or a massive parasol that rotates a bit in the slightest breeze, or maybe even winds chimes?

Please don't it's not the horses fault and a child could be sat on the horse.

Give me horses over people in houses any day. Our council refused every planning application on a piece of land for years until a charity with lots of money politically correct support came along to build a church with a niche religion. The councillors were in shock this was a powder keg. Phone calls were quietly made to previous applicants asking them to resubmit. There was much amusement for those in the know.

So yes it could be worse

@LovelyLovelyWarmCoffee damn it - i'm going to play it safe and call it horse monstrosity!!!

just to answer a few comments/questions
no flood lighting in the proposal
claims personal use - but the belief is they'll soon apply for a commercial license or just do it until caught, they have 3 horses, barn holds many more
no restriction on usage, planning felt that wouldn't be fair, they wouldn't even consider a daylight only clause!

@Summerfun54321 its the case officer who is refusing to do any more, they fully believe what has been submitted is acceptable.
As such, all plans approved. From what I've read, even if the council go back and suggest pleached trees the owners can refuse because they already have their permissions based on what they've submitted. Whilst my neighbours are knobs im holding the council fully responsible for allowing this.
My hope, is I can push for the council to foot the bill of corrective works based on their series of errors and in-competencies

@Cyw2018 as tempting as that is i'd be horrified if a horse had an accident because of me. Them falling off and hurting themselves doesn't concern me - the horses however didn't ask for this. Same with the damn dog that's outside whining all day everyday, it's not the dogs fault their owners are idiots

How many acres in total?

@nokitchen the owners have 2 fields, this one in question, totals 7 acres, though i'd say the actual works only cover 1.5 acres, the rest remains grazing.
Then they have a second field not attached to the property, which is much larger - I think about 20 acres. The second field is not near residential homes but they refused to consider building

We had similar near us. We counted the cars to do a traffic estimate on the road . Then drew a spreadsheet of daily vehicles. Visiting site. So cars, vets,cars pulling horse boxes, visitors, animal feed lorries etc so if there are 10 stables estimate 4 visitors or 10 or 14 - I have no clue how often people visit their horses , but you can find out and take the upper level, how big are animal feedi lorries - find out wait. Speak to the vet how often are they needed.
You need to prove the roads are inadequate or a danger.ours wS in a small country road and refused.

Stable boys/ girls daily visits etc

Go to the ombudsman and head of planning to complain.

Conditions have to be reasonable and enforceable and necessary to make the development acceptable. That one imposed can't do any of that because it's outside of the site owners control. It should never have been imposed and if considered necessary, would suggest that permission should be refused.

However, unfortunately the only way to overturn an allowed application is to take it to court. Have you got legal cover on your home insurance?

I meant you could plant pleached trees to give you privacy, the council can't add a condition after planning is approved.

I very much doubt you'll get the permission over turned put your energy into what you can control.

I say this as someone who has fought development behind my property through many planning applications. Eventually planning was approved, so now it's on me to mitigate what I can within my control.

The website below is very useful.
planninglawblog.blogspot.com/p/how-to-object.html?m=1

There's no way that access road should have been approved so close to the houses for a start.

I think everyone is ignoring the fact that the case officer DID take your complaint into consideration and has now requested a new plan to be submitted to omit your hedge and to ensure adequate screening. So wait a few weeks and check on the new plan.

@Bootsandcat the new plan was submitted yesterday.
It's exactly the same but excludes my hedge, so essentially there is nothing above 2 metres. Considering the elevated position anyone using the area will be (in farm equipment/horseboxes/ horseback) we've lost privacy
The width of the planting in time will help reduce noise but nothing in the plan will save our privacy which is why we'd asked and the council had included a planting scheme clause.

For me to put pleached trees in, considering the holes that would need digging I'd need to remove all the established beds alongside our hedge for 15 metres, plus it would cost an absolute fortune to buy, which, whilst I appreciate it can be done at huge time and expense, had the council actually thought about the overlooking concerns could have implemented on the people who want the development

We can't fight what's going there, we lost that fight - all we can hope for is to minimise impact, but the council aren't even taking that seriously

If the new plan is only showing 30cm laurels (which will grow very quickly by the way) I would query how, if the Council thought a 2m hedge should be retained to mitigate the impact of the development, they now consider 30cm tall plants to have the same effect? I would be seeking bigger, more mature planting to be provided under the landscaping condition.

Find the location plan on the planning portal and double check that the red or blue line doesn't encompass your land in anyway.

I'm angry on your behalf. The architect and landscape architect should know this isn't theirs to touch. And the topographical survey should have noted exactly where the boundary is!!

Ah sorry just read your update!!
I was so angry by the OP I literally typed and rushed 😅🤣

Off topic but wtf 🤣 we have an area and the horses haven't pissed in it once and even if they did it's 20x40m big so would need an absolutely huge amount of wee, from about 1000 horses to smell. Are you sure it's not the muck heap that smells!? And even then that smells of manure usually and not piss.

*arena!!