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Trees and hedges
High hedges
Part 8 of the Anti-social Behaviour Act 2003 gives local authorities powers to deal with complaints by neighbours in relation to high hedges. A complaint may be made by the owner or occupier of a domestic property on the grounds that his or her reasonable enjoyment of the property is being adversely affected by the height of a hedge situated on land owned or occupied by another person. A complaint must be made to the local authority in whose area the land on which the hedge is situated lies. A high hedge is something that is a barrier to light formed wholly or predominantly by a line of two or more evergreens and rises to a height of more than two metres above ground level (s66). Local authorities are given powers to require the hedge to be cut back to two metres where their neighbours reasonable enjoyment of their property is being adversely affected by the height of the hedge. There is a novel requirement to attempt negotiation first (s68).
Articles:New stance on hedge rows by Lisa Bevan, Taylor Wessing An explanation of Part 8 of the Anti-Social Behaviour Act 2003 which is expected to come into force later in the year. (Estates Gazette, 24 July 2004, p103).
High hedges by Charles Mynor of 2 Harcourt Buildings An explanation of the new procedures for resolving disputes under Part of the Anti-Social Behaviour Act 2003. (Solicitors Journal, 29 July 2005, p205).
Commencement in England
Part 8 of the Anti-Social Behaviour Act 2003 will be brought into force on 1 June 2005.
Anti-social Behaviour Act 2003 (Commencement No 5)(England) Order 2005 (SI No. 710
The procedure for dealing with appeals against local authority decisions under Part 8 are set out in these regulations also in force on 1 June 2005.
High Hedges (Appeals) (England) Regulations 2005 (SI No. 711).
Commencement in Wales
This commencement order brought Part 8 into force in Wales on 31 December 2004.
The Anti-social Behaviour Act 2003 (Commencement No. 3) (Wales) Order 2004 (WSI 2004 No. 3238) (W.281) . (Welsh version)
Fees: The complaint must be accompanied by a fee determined by the local authority subject to a maximum amount prescribed, in relation to hedges situated in Wales, by the National Assembly for Wales. The maximum amount prescribed by these regulations is 320. In force 31 December 2004.
The High Hedges (Fees) (Wales) Regulations 2004 (WSI 2004 No. 3241 (W.283). (Welsh version)
Appeals
Section 71 of the Act sets out the various rights of appeal against a local authority's decisions.
In England the relevant provisions of the Act in relation to appeal were brought into force on 1 October 2004 by para 5 of The Anti-social Behaviour Act 2003 (Commencement No. 4) Order 2004 (SI 2004 No. 2168)
In relation to hedges situated in Wales an appeal must be made to the National Assembly. In its capacity as the appeal authority s72 of the Act gives the National Assembly the power to make regulations in relation to appeals. These are the regulations that have been made. In force 31 December 2004.
The High Hedges (Appeals) (Wales) Regulations 2004 (Welsh version)
Trees
Article: Trees, hedges and the law by Charles Mynors, barrister at 2 Harcourt Buildings Looks at the various ways in which the law deals with trees and hedges; boundaries, nuisance, damage, tree protection orders and protection of hedges, planning, protection of birds and more A plug for his book on the subject. The Law of Trees, Forests and Hedgerows, Sweet & Maxwell, 75. (Solicitors Journal)
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