View Single Post
  #27   Report Post  
Old 03-12-2003, 09:32 PM
PK
 
Posts: n/a
Default High Hedge Legislation

Janice wrote:
"PK" wrote in message
...
Yes, I objected to planning consent - complete waste of time and
effort. I think our town Planning Department only considers a
"right to light" if it impacts the light in a main living space. I
believe our Planning Department completely disregards a "right to
light" in the actual garden space outdoors. Perhaps other towns
have different regulations.


yep that's the legal position - it only applies to buildings,
specially windows and derives from the times before artificial light
when day light was vital. Gardens don't fall into any right to light
protection.



So, how come high hedges legislation all of a sudden considers a
"right to light" as a reason for the limitation of hedge height?



It doesn't!

that law says:

b) alleges that his reasonable enjoyment of that property is being adversely
affected by the height of a high hedge situated on land owned or occupied by
another person.

and refers to light:

(2) For the purposes of subsection (1) a line of evergreens is not to be
regarded as forming a barrier to light or access if the existence of gaps
significantly affects its overall effect as such a barrier at heights of
more than two metres above ground level.


"rsonable enjoyment" is the key phrase

pk