In message , Chris French and Helen
Johnson writes
I've since been a Googling.
For anyone interested you can download a .pdf of the bill at:
http://www.parliament.the-stationery...203/ldbills/00
4/2003004.pdf
I haven't read it yet.
I've now had a bit of a read, though not in detail, my take on the
proposals is this:
first what it isn't:
1. It's nothing to do with Planning Permission (though the planning
department might well be involved I guess)
2. It's not a requirement that hedges be restricted to a certain height.
However it would:
1. Give owners or occupiers of domestic properties the right to
complain the local authority about a high hedge. (note it's limited to
domestic properties - a neighbouring factory couldn't complain)
2. Grounds for complaint are that ' reasonable enjoyment of that
property is being affected by an unreasonable obstruction of light
caused by a high hedge situated on land owned or occupied by another
person.'
(Note, there is no automatic right to have a neighbouring hedge
controlled in height - the LA decide on the merits of the complaints -
the key bit seems to be 'unreasonable obstruction')
3. A high hedge is defined as two or more adjacent evergreen trees or
shrubs which form a barrier, of a height greater than 2 metres.
4. The act talks about neighbouring land but I'm not sure if
neighbouring mean adjacent or just nearby? (I think the latter)
5. When deciding on the merits of a complaint the LA must consider all
relevant factors, including the amount of privacy the hedge provides to
the owner of the hedge and the contribution to the amenity of the
neighbourhood.
6. If a compliant is upheld, but the owner of the hedge does not take
the required action then they can be fined, the courts can rule that
they must carry out the action, and the LA can do the work and bill the
owner if they don't do it.
There are of course lots more provisions to do with appeals etc.
--
Chris French and Helen Johnson, Leeds
urg Suppliers and References FAQ:
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