We would be grateful to receive information about the following two issues relating to the new development at 61 The Avenue. Please contact us if you have any. We would apologise for any factual inaccuracies and will be happy to publish corrections.
Where is the front boundary?
The following Google Streetview shots show where the old front boundary of 61 The Avenue was:-
However, the developer has planted new shrubs etc well in front of this old fence (now removed) on part of the land that is understood to be owned by a third party. There is a highway along which the public have a right to walk and drive outside the property and it is not clear whether the newly planted area might be considered a restriction to this right. We are aware that the Council is currently considering the matter - it may be that all or some of the area in front of the old fence will be required to be re-instated as it was, and the boundary clearly re-established. Watch this space.
New plants dying
Paragraph 9 of the Appeal decision reads:-
"9) Aside from those specified to be removed, any trees, hedges and plants which
within a period of 5 years from the completion of the development die, are
removed or become seriously damaged or diseased shall be replaced in the next
planting season with others of similar size and species. No new tree or
hedgerow planted in accordance with the above landscaping condition shall be
pruned or cut in any manner within 5 years from the date of the occupation of
the final dwelling to be occupied, other than in accordance with the approved
plans and details, without the prior written approval of the local planning
A large number of plants have now died, or appear to have done. It is not clear who is now responsible for their replanting in order to avoid a Breach of Condition.