Reply
 
LinkBack Thread Tools Search this Thread Display Modes
  #1   Report Post  
Old 03-12-2003, 12:43 PM
Janice
 
Posts: n/a
Default 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,


  #2   Report Post  
Old 03-12-2003, 01:12 PM
David @chaplehouse.demon.co.uk
 
Posts: n/a
Default 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
  #3   Report Post  
Old 03-12-2003, 03:02 PM
PK
 
Posts: n/a
Default 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



  #4   Report Post  
Old 03-12-2003, 03:03 PM
Emrys Davies
 
Posts: n/a
Default 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,




  #5   Report Post  
Old 03-12-2003, 03:03 PM
Ophelia
 
Posts: n/a
Default 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




  #6   Report Post  
Old 03-12-2003, 04:11 PM
PK
 
Posts: n/a
Default 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


  #7   Report Post  
Old 03-12-2003, 04:19 PM
Ophelia
 
Posts: n/a
Default 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


  #8   Report Post  
Old 03-12-2003, 04:48 PM
PK
 
Posts: n/a
Default 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


  #9   Report Post  
Old 03-12-2003, 04:50 PM
Ophelia
 
Posts: n/a
Default 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


  #10   Report Post  
Old 03-12-2003, 04:50 PM
PK
 
Posts: n/a
Default 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




  #11   Report Post  
Old 03-12-2003, 04:53 PM
Ophelia
 
Posts: n/a
Default 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


  #12   Report Post  
Old 03-12-2003, 04:53 PM
PK
 
Posts: n/a
Default 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


  #13   Report Post  
Old 03-12-2003, 04:56 PM
Ophelia
 
Posts: n/a
Default 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


  #14   Report Post  
Old 03-12-2003, 05:22 PM
Janice
 
Posts: n/a
Default 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?


  #15   Report Post  
Old 03-12-2003, 05:42 PM
martin
 
Posts: n/a
Default 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
Reply
Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules

Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Cat Control Legislation In WA Wanda Australia 1 11-12-2003 03:43 PM
legislation on high hedges Serial # @@@@@ United Kingdom 1 12-11-2003 10:03 PM
Legislation dave @ stejonda United Kingdom 0 30-04-2003 08:56 AM
Forthcoming legislation on large trees eddy United Kingdom 17 23-02-2003 10:41 AM
Neutral news on Forest legislation Larry Harrell alt.forestry 0 18-10-2002 02:55 AM


All times are GMT +1. The time now is 04:30 PM.

Powered by vBulletin® Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.
Copyright ©2004-2024 GardenBanter.co.uk.
The comments are property of their posters.
 

About Us

"It's about Gardening"

 

Copyright © 2017