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  Simon Knops May 27, 2009 at 4:42pm

  Hi Jessica
  
  As yet I have not had to get any special permissions however two things to bear in mind are Conservation areas and Listed Buildings - some gardens are listed, but other structures which aren't initially obvious e.g boundary walls, etc may also come into play. This may be an issue if you wish to take down a wall to get materials onto the site, or need to repair it before fixing structures against it. http://www.braintree.gov.uk/Braintree/planning/Conservation Areas.htm has some good general info as do most. Some have downloadable pdf files of the conservation areas but restrictions will vary from area to area even within the same council.
  
  Clients should be able to tell you if their property is listed, but if in doubt check with the local authority. It can be a pain, and 'egos' will vary, but if you talk to the local conservation officers they can be very helpful. I usually don't disclose any addresses until needed which they understand. Frankly if they have to be involved then better to have them on your side. They will be able to advise on any planning permission required particularly with listed structures. Other structures, depending on size/ height may require planning if you are really going wild. Oh Yes there's also legislation to cover badgers and bats. Again local councils should able to advise on these matters as it's useful to be up to speed before you come across them. Hope that helps and hasn't gone over too much that you already know.
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  Simon Knops May 27, 2009 at 4:58pm

  Ah, have just looked up your web site and you probably know all this already - apologies
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  Jessica O'Reilly May 28, 2009 at 1:36pm

  No, No Simon thanks very much its good to here from others as its such a grey area and as you say it varies from area to area.
  
  I am starting a design for an area of the garden on a grade ll listed building and she wanted me to check, which I have and the conservation man agrees that we will be improving if anything so its fine to go ahead.
  
  I can't believe there are not any rules really on listed buildings as the garden is one of the most predominant features of the property! But good for us that there aren't I suppose! The previous owner has installed a whacking great swimming pool really close to the house with concrete paving all the way around! Such a shame in such a beautiful setting, oh well we get to return it to something more in keeping.
  
  Thanks again Simon good points you have raised especially about the bats and badgers, any experiences on these?
  
  Simon said:

  Ah, have just looked up your web site and you probably know all this already - apologies
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  Andrew Fereday May 28, 2009 at 8:47pm

  The only other instance I can think of would be planning permission for change of use; there are specific restrictions on some areas of land which only allows agricultural use so you would need planning permission to convert it to garden use.
  
  There's a useful page from Defra at http://www.defra.gov.uk/farm/environment/land-use/
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  Simon Knops May 28, 2009 at 9:00pm

  Hi Jessica
  
  Sounds as if you will be doing the garden and the property a power of good! Some gardens are listed but normally the owners will know as it can be a reason to buy the house in the first place. They will be very proud of it!
  
  As regards badgers it is illegal to disturb a badger set, dig into it or fill any of the entrances. Dogs down setts a distinct no- no! If working close by with heavy machinery then check with the local badger group ( English Nature should be able to put you in touch) as to their thoughts. I have been working on a garden wall under which the badgers have made their sett ( more like city! ) If structural damage is likely then they may come and re-home the badgers for you. Not using machinery however they agreed that I could cover the entrances over during the day so that the wall could be repointed provided I uncovered them again at the end of the day's work. Despite the rest of the garden being mowed we have left a broad swathe of nettles around the sett as badgers apparently like a little cover. Blackberries are also good cover and they will also forage for fruit in the autumn. They will go through fencing - a tip I was recently given is to sink a large pipe under the fence to that the badgers have free passage. Mind you rabbits may use the same route.
  
  Bats should not be disturbed or their roosts blocked in any way - have come across bats but not to the extent of having to be concerned about disturbing them. Often in old trees, walls and roofs. Again check with english nature as they are a protected spiecies.
  
  Good luck with the garden - can you get the 'bling' swimming pool listed????
  
  Jessica O'Reilly said:

  No, No Simon thanks very much its good to here from others as its such a grey area and as you say it varies from area to area.
  
  I am starting a design for an area of the garden on a grade ll listed building and she wanted me to check, which I have and the conservation man agrees that we will be improving if anything so its fine to go ahead.
  
  I can't believe there are not any rules really on listed buildings as the garden is one of the most predominant features of the property! But good for us that there aren't I suppose! The previous owner has installed a whacking great swimming pool really close to the house with concrete paving all the way around! Such a shame in such a beautiful setting, oh well we get to return it to something more in keeping.
  
  Thanks again Simon good points you have raised especially about the bats and badgers, any experiences on these?
  
  Simon said:

  Ah, have just looked up your web site and you probably know all this already - apologies