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Old 05-07-2009, 12:13 PM posted to uk.rec.gardening
'Mike'[_4_] 'Mike'[_4_] is offline
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--
..
"David Rance" wrote in message
...
On Sat, 4 Jul 2009 Angela wrote:

| I just checked out the FAQ's and the two I read were horribly dated,
namely
| leylandii and growing potatoes in pots. If you're wanting people to
read
| the FAQs rather than post then they really do need to be up to date.
For
| example the leylandii page says there is no law governing high hedges
| whereas there has been law since 2003!!
|
| If you have more up-to-date information then please do let me have it so
| that it can be included. If you can give me references it would be
| helpful.
|
Look up Part 8 of the Anti-social Behaviour Act 2003.



And it says?


Part 8 High hedges
Introductory
65 Complaints to which this Part applies
(1) This Part applies to a complaint which-

(a) is made for the purposes of this Part by an owner or occupier of a
domestic property; and

(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.

(2) This Part also applies to a complaint which-

(a) is made for the purposes of this Part by an owner of a domestic property
that is for the time being unoccupied, and

(b) alleges that the reasonable enjoyment of that property by a prospective
occupier of that property would be adversely affected by the height of a
high hedge situated on land owned or occupied by another person,

as it applies to a complaint falling within subsection (1).

(3) In relation to a complaint falling within subsection (2), references in
sections 68 and 69 to the effect of the height of a high hedge on the
complainant's reasonable enjoyment of a domestic property shall be read as
references to the effect that it would have on the reasonable enjoyment of
that property by a prospective occupier of the property.

(4) This Part does not apply to complaints about the effect of the roots of
a high hedge.

(5) In this Part, in relation to a complaint -

a.. "complainant" means-

(a)
a person by whom the complaint is made; or

(b)
if every person who made the complaint ceases to be an owner or occupier
of the domestic property specified in the complaint, any other person who is
for the time being an owner or occupier of that property;

and references to the complainant include references to one or more of the
complainants;

b.. "the neighbouring land" means the land on which the high hedge is
situated; and

c.. "the relevant authority" means the local authority in whose area that
land is situated.

66 High hedges
(1) In this Part "high hedge" means so much of a barrier to light or access
as-

(a) is formed wholly or predominantly by a line of two or more evergreens;
and

(b) rises to a height of more than two metres above ground level.

(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.

(3) In this section "evergreen" means an evergreen tree or shrub or a
semi-evergreen tree or shrub.

67 Domestic property
(1) In this Part "domestic property" means-

(a) a dwelling; or

(b) a garden or yard which is used and enjoyed wholly or mainly in
connection with a dwelling.

(2) In subsection (1) "dwelling" means any building or part of a building
occupied, or intended to be occupied, as a separate dwelling.

(3) A reference in this Part to a person's reasonable enjoyment of domestic
property includes a reference to his reasonable enjoyment of a part of the
property.