High Hedge Legislation
 

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,

High Hedge Legislation
 

In article , Janice
writes
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!

That's why legislation should address nuisance neighbours/neighbours
from hell and not the tools they use
--
David

High Hedge Legislation
 

David @chaplehouse.demon.co.uk wrote:
In article , Janice
writes
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!

That's why legislation should address nuisance neighbours/neighbours
from hell and not the tools they use

The legislation on nuisance hedges is included in the Anti-socail behabour
bill, which shopuld take care of your reservation. The bill simply takes
high hedges as one aspect of such behaviour.

From Hedgeline : Hedgeline feels that it is entirely appropriate that the
hedge legislation has been included in the ASB Bill. Hedge bullying will now
be clearly seen for what it is; 'Anti social-Behaviour'

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)

It relates to all hedges not just new hedges.

The op's informant was wrong.

other info from hedgeline:

The height will be determined with reference to the form of nuisance the
hedge is causing. The local authority officer will be given detailed
guidance notes on how he is to look at each of the criteria to be considered
in determining hedge height. These notes will be provided by the relevant
government office, 'the Urban Policy Unit'.

The range of criteria is expected to include both light and sunlight
deprivation to homes and to gardens, safe height for regular trimming and
maintenance, soil desiccation and plant damage, deprivation of an
established and cherished view, proportionality to gardens and whether the
hedge is so high as to be oppressive.
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.


pk

pk

High Hedge Legislation
 

'Janice',

It is quite apparent from this site that the legislation will be
retrospective in as much that any hedge not compliant when the new law
comes into force will be subjected to its requirements, forthwith.

http://freespace.virgin.net/clare.h/jn/thelaw.doc

Regards,
Emrys Davies.





"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,

High Hedge Legislation
 

"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

High Hedge Legislation
 

Ophelia wrote:
"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.


Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

pk

High Hedge Legislation
 

"PK" wrote in message
...

Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

Thank you PK:)

Ophelia

High Hedge Legislation
 

Ophelia wrote:
"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.


Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

pk

High Hedge Legislation
 

"PK" wrote in message
...

Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

Thank you PK:)

Ophelia

High Hedge Legislation
 

Ophelia wrote:
"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.


Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

pk

High Hedge Legislation
 

"PK" wrote in message
...

Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

Thank you PK:)

Ophelia

High Hedge Legislation
 

Ophelia wrote:
"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.


Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

pk

High Hedge Legislation
 

"PK" wrote in message
...

Single trees do not fall in the dfinition of a hedge.

6ft is the height walls and fences are allowed to be without planning
permission.

neither of your cases would fall within the scope of the law.

Thank you PK:)

Ophelia

High Hedge Legislation
 

"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?

High Hedge Legislation
 

Xref: kermit uk.rec.gardening:177795

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

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

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

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.

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

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

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.

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

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?

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,

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

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

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

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