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40ft hedge trimming judgement Scotland


Wood wasp
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He added: "I am content to impose those cuts even though the effect on the health of the trees may be severe, even to the extent, perhaps, of killing some or all of them.

 

This sounds as if the Scottish law is different. I don't think in the English legislation that the reductions can be that severe. I may be wrong

 

Jules?

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He added: "I am content to impose those cuts even though the effect on the health of the trees may be severe, even to the extent, perhaps, of killing some or all of them.

 

This sounds as if the Scottish law is different. I don't think in the English legislation that the reductions can be that severe. I may be wrong

 

Jules?

 

Since you ask.

 

The E/W Act says that a Notice cannot specify that a hedge be reduced to below 2 metres. The guidance says that if you cut a hedge to any height over 2m and that this will kill the hedge, this is to be taken as the equivalent of reducing it to below 2m. In effect, if the action hedge height will kill the hedge, a higher survivable height must be specified instead even if the adverse effect of the hedge will remain excessive. Reporters (oops, Inspectors) seem to have taken that line consistently.

 

In Scotland there is no such wording in the Act, and decisions are coming out that are saying 'it might kill the hedge, but so be it'. That would be the correct decision under our Act. The owner can then put up a fence of 2 metres instead, which doesn't require planning permission.

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This is a hedge in my hamlet, I took out a couple of trees for the owner, a batty woman, I asked about the hedge (not that I wanted to trim it you understand, just curious as to what her take was) she told me that she blames the garden centre as they sold her the trees, how was she to know? Despite this she has exactly the same type trimmed to a nice low hedge in front of her house!

image.jpg.d565f5358faa526ea12c4a8c081d4001.jpg

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