"Anthony E Anson" wrote in message
...
The message
from "Sue & Bob Hobden" contains these words:
"Essjay001" wrote in message
The question of whether it is to be retrospective should be addressed.
"Well, my hedge was 250 feet high before the law was passed, so it's
exempt." would otherwise be an arguable case.


the simple presence of a "high hedge" will be the issue, not when it
originated

See introductory para 1

http://www.publications.parliament.u...28/2003028.htm

pk

"Well, my hedge was 250 feet high ..........

???????????????????????????/

--
David Hill
Abacus Nurseries
www.abacus-nurseries.co.uk

In article , Sue & Bob Hobden
writes

"Essjay001" wrote in message
I suspect that when the new law comes into force there will be arrogant
*******s who will think that the new law does not apply to them, or that
"no law will make me cut my hedge"


Of course there will be, like there are those that think you can go at
traffic lights despite it not being green.
The point is with this law comes a legal way to settle a dispute fairly with
legal enforcement to back it up.

It'll offer a legal way to settle a dispute. Whether it will settle it
'fairly' is another matter entirely.
--
Kay Easton

Edward's earthworm page:
http://www.scarboro.demon.co.uk/edward/index.htm

"----- Original Message -----
From: "Kay Easton"
Newsgroups: uk.rec.gardening
Sent: Monday, May 12, 2003 9:16 AM
Subject: OAPs fught over Hedge



It'll offer a legal way to settle a dispute. Whether it will settle it
'fairly' is another matter entirely.


The proposed law attempts to make provision wrt the unreasonable
complainant.

(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

(be)that the complaint is frivolous or vexatious,

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


But of course, as in any dispute, legal or otherwise that is not solved by
mutual agreement but by external ruling, one side will feel aggrieved.

pk

The message
from "david" contains these words:

"Well, my hedge was 250 feet high ..........

???????????????????????????/

Sequoia innit. In my country place near the Rockies. (I don't like heights)

--
Tony
Replace solidi with dots to reply: tony/anson snailything zetnet/co/uk

http://www.users.zetnet.co.uk/hi-fi

On Mon, 12 May 2003 09:10:33 +0000 (UTC), "Paul Kelly"
wrote:


"----- Original Message -----
From: "Kay Easton"
Newsgroups: uk.rec.gardening
Sent: Monday, May 12, 2003 9:16 AM
Subject: OAPs fught over Hedge



It'll offer a legal way to settle a dispute. Whether it will settle it
'fairly' is another matter entirely.


The proposed law attempts to make provision wrt the unreasonable
complainant.

(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

(be)that the complaint is frivolous or vexatious,

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


But of course, as in any dispute, legal or otherwise that is not solved by
mutual agreement but by external ruling, one side will feel aggrieved.

pk



what happens if you cut your neighbours hedge to the specified height
?
these high hedge guys are very recalcitrant and could drag it on for
ages.

Reply-To: "Paul Kelly"
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"eddy" wrote in message
...
On Mon, 12 May 2003 09:10:33 +0000 (UTC), "Paul Kelly"
wrote:

what happens if you cut your neighbours hedge to the specified height
?
these high hedge guys are very recalcitrant and could drag it on for
ages.

you will be guilty of trespass and criminal damage.

pk

Thus spake Anthony E Anson


The message
from "david" contains these words:

"Well, my hedge was 250 feet high ..........

???????????????????????????/

Sequoia innit. In my country place near the Rockies. (I don't like heights)

And I thought you lived in the heights of Norfolk...

--
Helen D. Vecht:
Edgware.

ASAIU the new law could well be through this year
and if the hedge grower refuses to coperate with Mediation then the council
tree officer can be asked to adjudicate on the matter
2.5 metres high = 8ft is considered the limit of a safe cutting height for
amateurs ..........higher hedges require professional attention so with luck
even some of the arrogant stubborn hedge growers will have to face the
issues of the effect of their hedge on their neighbour


"Paul Kelly" wrote in message
...

"eddy" wrote in message
...
On Mon, 12 May 2003 09:10:33 +0000 (UTC), "Paul Kelly"
wrote:

what happens if you cut your neighbours hedge to the specified height
?
these high hedge guys are very recalcitrant and could drag it on for
ages.

you will be guilty of trespass and criminal damage.

pk

Essjay001 wrote in message ...
I suspect that when the new law comes into force there will be arrogant
*******s who will think that the new law does not apply to them, or
that
"no law will make me cut my hedge"


Perhaps so, but just remember that is will be the council doing the
cutting, not the individual.

Mike
www.british-naturism.org.uk

Gilbert wrote in message ...


Working on the principle that I'm not in a hurry, this year I've
managed to talk my neighbour into reducing the height of his
Leylandii along our boundary from about 30 ft to a much more
manageable 20 ft. Maybe next year I'll get him to cough up for
another 10 ft - but at £280 per day for the local chainsaw wallah
(+ boy), my Scottish* neighbour is, not surprisingly, a little
reluctant.
Perhaps a new law will speed up the process...

Don't forget, the new law will only apply where there is dispute between
the neighbours. The council will not come along and cut hedges down just
because they are high, there has to be a dispute, and it has to be
between neighbours, and can only be between private dwellings.

If you and your neighbour are happy with the hedge height then there
will be no problem Naturists are watching this very carefully as many
have high hedges so they can sunbathe nude in the summer. My advice to
them is to tell the neighbour that you are quite happy to reduce the
height of the hedge, but that they must realise that it will not stop
them sunbathing naked, Given that scenario I suspect that many
neighbours will not bother to complain.

Mike
www.british-naturism.org.uk

The message
from "Michael Berridge" contains these words:

\snip\
If you and your neighbour are happy with the hedge height then there
will be no problem Naturists are watching this very carefully as many
have high hedges so they can sunbathe nude in the summer. My advice to
them is to tell the neighbour that you are quite happy to reduce the
height of the hedge, but that they must realise that it will not stop
them sunbathing naked, Given that scenario I suspect that many
neighbours will not bother to complain.

But will take up topiary instead...

--
Tony
Replace solidi with dots to reply: tony/anson snailything zetnet/co/uk

http://www.users.zetnet.co.uk/hi-fi

The message
from Helen Deborah Vecht contains these words:
Thus spake Anthony E Anson

The message
from "david" contains these words:

"Well, my hedge was 250 feet high ..........

???????????????????????????/

Sequoia innit. In my country place near the Rockies. (I don't like
heights)

And I thought you lived in the heights of Norfolk...

Oops! Speeling mistook. I meant 'Rockeries'.

--
Tony
Replace solidi with dots to reply: tony/anson snailything zetnet/co/uk

http://www.users.zetnet.co.uk/hi-fi

In article , Michael Berridge
writes

Don't forget, the new law will only apply where there is dispute between
the neighbours. The council will not come along and cut hedges down just
because they are high, there has to be a dispute, and it has to be
between neighbours, and can only be between private dwellings.

Can you confirm that last statement? It implies that we would not be
able to take action against the old folks home next door, as it is
technically a business and no longer a private dwelling. Indeed it would
seem to be a real loophole, now that so many people work from home, as
all they have to do is claim that the hedge is round their workplace and
not their private dwelling.

Jon - I should have been a lawyer.
--
E-mail bouncing? Make sure your mailer is set to 'plain text' and not 'html'.

In article , Jon Rouse
writes
In article , Michael Berridge
writes

Don't forget, the new law will only apply where there is dispute between
the neighbours. The council will not come along and cut hedges down just
because they are high, there has to be a dispute, and it has to be
between neighbours, and can only be between private dwellings.

Can you confirm that last statement? It implies that we would not be
able to take action against the old folks home next door, as it is
technically a business and no longer a private dwelling. Indeed it would
seem to be a real loophole, now that so many people work from home, as
all they have to do is claim that the hedge is round their workplace and
not their private dwelling.

I think it's the other way around - the old folks home will not be able
to demand that you cut down the tall hedge you have grown to protect
yourselves from the nuisance of their activities. AFAIK, you will still,
as a private dwelling, be able to complain about *their* hedge.
--
Kay Easton

Edward's earthworm page:
http://www.scarboro.demon.co.uk/edward/index.htm