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#16
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High Hedge Legislation
'Janice',
Planning permission or not, it is too late to rock the boat now and I mean that in the nicest possible way. Regards, Emrys Davies. "martin" wrote in message ... On Wed, 3 Dec 2003 16:15:24 -0000, "Janice" wrote: "PK" wrote in message ... The law will relate to #the hedge in question comprised wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs; #it was over 2 metres high; #the hedge acted, to some degree, as a barrier to light or access; and #because of its height, it was adversely affecting the complainant's reasonable enjoyment of their domestic property (that is their home or garden) The range of criteria is expected to include both light and sunlight deprivation to homes and to gardens, What niggles me a bit, though, is my neighbour on one side has built a garage right along the fenceline, and my neighbour on the other side has built a two-storey extension along the other fenceline. Both structures block light from my garden, in a big way. Don't get me wrong -- I do have sympathy for those who have towering trees blocking their sunlight, but how come I don't have a right to light and sunlight? Check if both had planning permission. -- Martin |
#17
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High Hedge Legislation
On Wed, 3 Dec 2003 16:49:35 -0000, " Emrys Davies"
wrote: 'Janice', Planning permission or not, it is too late to rock the boat now and I mean that in the nicest possible way. If they haven't got planning permission, you can do something to get your light back. -- Martin |
#18
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High Hedge Legislation
"martin" wrote in message
... On Wed, 3 Dec 2003 16:49:35 -0000, " Emrys Davies" wrote: Planning permission or not, it is too late to rock the boat now and I mean that in the nicest possible way. If they haven't got planning permission, you can do something to get your light back. Planning permission was received for both buildings; but both structures were objected to on account of loss of light and privacy. The Planning Department didn't even come to the property to see how the structures would affect my property. Complete waste of time objecting, and apparently there is no such thing as "a right to light", at least where a building is concerned. But all of a sudden a right to light is taken into account with high hedges. I don't understand it, but there you go................ I reiterate, I do have sympathy for those battling over high hedges, as I know what it's like to have no sunlight. |
#19
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High Hedge Legislation
Janice wrote:
"PK" wrote in message ... The law will relate to #the hedge in question comprised wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs; #it was over 2 metres high; #the hedge acted, to some degree, as a barrier to light or access; and #because of its height, it was adversely affecting the complainant's reasonable enjoyment of their domestic property (that is their home or garden) The range of criteria is expected to include both light and sunlight deprivation to homes and to gardens, What niggles me a bit, though, is my neighbour on one side has built a garage right along the fenceline, and my neighbour on the other side has built a two-storey extension along the other fenceline. Both structures block light from my garden, in a big way. Don't get me wrong -- I do have sympathy for those who have towering trees blocking their sunlight, but how come I don't have a right to light and sunlight? I can see how that niggles, but did you object to planning consent? not much use but it might raise a smile, checkout: http://whatis.techtarget.com/definit...859609,00.html and for anyone interested, chapter and verse on the right to light - or not! pk |
#20
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High Hedge Legislation
PK wrote:
Janice wrote: "PK" wrote in message ... The law will relate to #the hedge in question comprised wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs; #it was over 2 metres high; #the hedge acted, to some degree, as a barrier to light or access; and #because of its height, it was adversely affecting the complainant's reasonable enjoyment of their domestic property (that is their home or garden) The range of criteria is expected to include both light and sunlight deprivation to homes and to gardens, What niggles me a bit, though, is my neighbour on one side has built a garage right along the fenceline, and my neighbour on the other side has built a two-storey extension along the other fenceline. Both structures block light from my garden, in a big way. Don't get me wrong -- I do have sympathy for those who have towering trees blocking their sunlight, but how come I don't have a right to light and sunlight? I can see how that niggles, but did you object to planning consent? not much use but it might raise a smile, checkout: http://whatis.techtarget.com/definit...859609,00.html and for anyone interested, chapter and verse on the right to light - or not! http://www.kellyand.co.uk/newsite/pr...t-to-light.htm pk |
#21
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High Hedge Legislation
"PK" wrote :
The range of criteria is expected to include both light and sunlight deprivation to homes and to gardens, What niggles me a bit, though, is my neighbour on one side has built a garage right along the fenceline, and my neighbour on the other side has built a two-storey extension along the other fenceline. Both structures block light from my garden, in a big way. Don't get me wrong -- I do have sympathy for those who have towering trees blocking their sunlight, but how come I don't have a right to light and sunlight? I can see how that niggles, but did you object to planning consent? not much use but it might raise a smile, checkout: http://whatis.techtarget.com/definit...859609,00.html and for anyone interested, chapter and verse on the right to light - or not! 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. |
#22
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High Hedge Legislation
Janice wrote:
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. pk |
#23
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High Hedge Legislation
"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? |
#24
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High Hedge Legislation
No it applies to ALL Evergreen hedges including existing
see www.hedgeline.org for full details "Janice" wrote in message ... I've been told that the new "high hedge" legislation will only apply to hedges yet to be planted, and that the legislation is not retroactive and will not apply to hedges already growing? Is that correct? BTW, I do not have a high hedge! Thanks, |
#25
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High Hedge Legislation
"Ophelia" wrote in message ... "PK" wrote in message ... Root damage will not be allowed as a direct ground for complaint as proof needs expert witnesses and such disputes are beyond the scope of this law. The grower will not be able to claim that he needs a huge hedge to give his upstairs windows total privacy. There will be severe limits set on the amount of privacy which can be claimed as of right, but if the grower claims that there is some special reason why he needs more than standard privacy his claims will be, at the least, considered. I have a leylandii hedge which I keep trimmed to below 6ft. At the end nearest the house, I have a fir which is tall, next to my window. Will this be a problem?. None of my trees interfere with my neighbours' light. Ophelia I can see no reason whatever that either your one tree or your trimmed under 6 ft hedge should be a problem under this or any new law or adjustments to it |
#26
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High Hedge Legislation
"bnd777" wrote in message ... "Ophelia" wrote in message ... "PK" wrote in message ... Root damage will not be allowed as a direct ground for complaint as proof needs expert witnesses and such disputes are beyond the scope of this law. The grower will not be able to claim that he needs a huge hedge to give his upstairs windows total privacy. There will be severe limits set on the amount of privacy which can be claimed as of right, but if the grower claims that there is some special reason why he needs more than standard privacy his claims will be, at the least, considered. I have a leylandii hedge which I keep trimmed to below 6ft. At the end nearest the house, I have a fir which is tall, next to my window. Will this be a problem?. None of my trees interfere with my neighbours' light. Ophelia I can see no reason whatever that either your one tree or your trimmed under 6 ft hedge should be a problem under this or any new law or adjustments to it Thank you Ophelia |
#27
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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 |
#28
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High Hedge Legislation
" Emrys Davies" wrote in message ... 'Janice', Planning permission or not, it is too late to rock the boat now and I mean that in the nicest possible way. Regards, Emrys Davies. "martin" wrote in message ... On Wed, 3 Dec 2003 16:15:24 -0000, "Janice" wrote: "PK" wrote in message ... The law will relate to #the hedge in question comprised wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs; #it was over 2 metres high; #the hedge acted, to some degree, as a barrier to light or access; and #because of its height, it was adversely affecting the complainant's reasonable enjoyment of their domestic property (that is their home or garden) The range of criteria is expected to include both light and sunlight deprivation to homes and to gardens, What niggles me a bit, though, is my neighbour on one side has built a garage right along the fenceline, and my neighbour on the other side has built a two-storey extension along the other fenceline. Both structures block light from my garden, in a big way. Don't get me wrong -- I do have sympathy for those who have towering trees blocking their sunlight, but how come I don't have a right to light and sunlight? Check if both had planning permission. -- Martin Check that they have actually built strictly according to planning .........you have 4 years in which to complain if they havent We found out 23 yrs later that our neighbours house has been built too close to the boundary wish we had seen the plans but stupidly we trusted the planners back in those days |
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