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.

Complaints procedure
68 Procedure for dealing with complaints
(1) This section has effect where a complaint to which this Part applies-

(a) is made to the relevant authority; and

(b) is accompanied by such fee (if any) as the authority may determine.

(2) If the authority consider-

(a) that the complainant has not taken all reasonable steps to resolve the
matters complained of without proceeding by way of such a complaint to the
authority, or

(b) that the complaint is frivolous or vexatious,

the authority may decide that the complaint should not be proceeded with.

(3) If the authority do not so decide, they must decide-

(a) whether the height of the high hedge specified in the complaint is
adversely affecting the complainant's reasonable enjoyment of the domestic
property so specified; and

(b) if so, what action (if any) should be taken in relation to that hedge,
in pursuance of a remedial notice under section 69, with a view to remedying
the adverse effect or preventing its recurrence.

(4) If the authority decide under subsection (3) that action should be taken
as mentioned in paragraph (b) of that subsection, they must as soon as is
reasonably practicable-

(a) issue a remedial notice under section 69 implementing their decision;

(b) send a copy of that notice to the following persons, namely-

(i) every complainant; and

(ii) every owner and every occupier of the neighbouring land; and

(c) notify each of those persons of the reasons for their decision.

(5) If the authority-

(a) decide that the complaint should not be proceeded with, or

(b) decide either or both of the issues specified in subsection (3)
otherwise than in the complainant's favour,

they must as soon as is reasonably practicable notify the appropriate person
or persons of any such decision and of their reasons for it.

(6) For the purposes of subsection (5)-

(a) every complainant is an appropriate person in relation to a decision
falling within paragraph (a) or (b) of that subsection; and

(b) every owner and every occupier of the neighbouring land is an
appropriate person in relation to a decision falling within paragraph (b) of
that subsection.

(7) A fee determined under subsection (1)(b) must not exceed the amount
prescribed in regulations made-

(a) in relation to complaints relating to hedges situated in England, by the
Secretary of State; and

(b) in relation to complaints relating to hedges situated in Wales, by the
National Assembly for Wales.

(8) A fee received by a local authority by virtue of subsection (1)(b) may
be refunded by them in such circumstances and to such extent as they may
determine.

69 Remedial notices
(1) For the purposes of this Part a remedial notice is a notice-

(a) issued by the relevant authority in respect of a complaint to which this
Part applies; and

(b) stating the matters mentioned in subsection (2).

(2) Those matters are-

(a) that a complaint has been made to the authority under this Part about a
high hedge specified in the notice which is situated on land so specified;

(b) that the authority have decided that the height of that hedge is
adversely affecting the complainant's reasonable enjoyment of the domestic
property specified in the notice;

(c) the initial action that must be taken in relation to that hedge before
the end of the compliance period;

(d) any preventative action that they consider must be taken in relation to
that hedge at times following the end of that period while the hedge remains
on the land; and

(e) the consequences under sections 75 and 77 of a failure to comply with
the notice.

(3) The action specified in a remedial notice is not to require or involve-

(a) a reduction in the height of the hedge to less than two metres above
ground level; or

(b) the removal of the hedge.

(4) A remedial notice shall take effect on its operative date.

(5) "The operative date" of a remedial notice is such date (falling at least
28 days after that on which the notice is issued) as is specified in the
notice as the date on which it is to take effect.

(6) "The compliance period" in the case of a remedial notice is such
reasonable period as is specified in the notice for the purposes of
subsection (2)(c) as the period within which the action so specified is to
be taken; and that period shall begin with the operative date of the notice.

(7) Subsections (4) to (6) have effect in relation to a remedial notice
subject to-

(a) the exercise of any power of the relevant authority under section 70;
and

(b) the operation of sections 71 to 73 in relation to the notice.

(8) While a remedial notice has effect, the notice-

(a) shall be a local land charge; and

(b) shall be binding on every person who is for the time being an owner or
occupier of the land specified in the notice as the land where the hedge in
question is situated.

(9) In this Part-

a.. "initial action" means remedial action or preventative action, or
both;

b.. "remedial action" means action to remedy the adverse effect of the
height of the hedge on the complainant's reasonable enjoyment of the
domestic property in respect of which the complaint was made; and

c.. "preventative action" means action to prevent the recurrence of the
adverse effect.

70 Withdrawal or relaxation of requirements of remedial notices
(1) The relevant authority may-

(a) withdraw a remedial notice issued by them; or

(b) waive or relax a requirement of a remedial notice so issued.

(2) The powers conferred by this section are exercisable both before and
after a remedial notice has taken effect.

(3) Where the relevant authority exercise the powers conferred by this
section, they must give notice of what they have done to-

(a) every complainant; and

(b) every owner and every occupier of the neighbouring land.

(4) The withdrawal of a remedial notice does not affect the power of the
relevant authority to issue a further remedial notice in respect of the same
hedge.


--
..
"'Mike'" wrote in message
...
http://www.legislation.gov.uk/acts/a..._20030038_en_1

--
.
"David Rance" wrote in message
...
On Sun, 5 Jul 2009 'Mike' wrote:

...................................

Sorry, Mike, I can't quote your message because it was all below the tear
line.

Anyway, that was most useful but quite unsuitable for inclusion in a FAQ
file. Would you like to précis it for me into two or three vital
sentences?

Thanks, David

--
David Rance writing from Caversham, Reading, UK
http://rance.org.uk