David @chaplehouse.demon.co.uk wrote:
In article , Janice
writes
I've been told that the new "high hedge" legislation will only apply
to hedges yet to be planted, and that the legislation is not
retroactive and will not apply to hedges already growing? Is that
correct?

BTW, I do not have a high hedge!

That's why legislation should address nuisance neighbours/neighbours
from hell and not the tools they use

The legislation on nuisance hedges is included in the Anti-socail behabour
bill, which shopuld take care of your reservation. The bill simply takes
high hedges as one aspect of such behaviour.

From Hedgeline : Hedgeline feels that it is entirely appropriate that the
hedge legislation has been included in the ASB Bill. Hedge bullying will now
be clearly seen for what it is; 'Anti social-Behaviour'

The law will relate to

#the hedge in question comprised wholly or predominantly of a line of two or
more evergreen or semi-evergreen trees or shrubs;

#it was over 2 metres high;

#the hedge acted, to some degree, as a barrier to light or access; and

#because of its height, it was adversely affecting the complainant's
reasonable enjoyment of their domestic property (that is their home or
garden)

It relates to all hedges not just new hedges.

The op's informant was wrong.

other info from hedgeline:

The height will be determined with reference to the form of nuisance the
hedge is causing. The local authority officer will be given detailed
guidance notes on how he is to look at each of the criteria to be considered
in determining hedge height. These notes will be provided by the relevant
government office, 'the Urban Policy Unit'.

The range of criteria is expected to include both light and sunlight
deprivation to homes and to gardens, safe height for regular trimming and
maintenance, soil desiccation and plant damage, deprivation of an
established and cherished view, proportionality to gardens and whether the
hedge is so high as to be oppressive.
Root damage will not be allowed as a direct ground for complaint as proof
needs expert witnesses and such disputes are beyond the scope of this law.
The grower will not be able to claim that he needs a huge hedge to give his
upstairs windows total privacy. There will be severe limits set on the
amount of privacy which can be claimed as of right, but if the grower claims
that there is some special reason why he needs more than standard privacy
his claims will be, at the least, considered.


pk

pk