High hedge act

[Gary Prentice]

5 minutes ago, Andymacp said:

 

 

In what regard ?

 

 

"Problem I have is if you have a massive WRC trees/hedge which would likely kill it if you reduced it below 2m and if you can’t recommend removal you have no where to go."

 

The LA can't determine an actionable height below 2 m, whether it would kill the hedge or not. (In English legislation anyway)

 

Now that Jules knows you're in Scotland, he'll set you right, this is very much his forte   I think there is lots of information available on his website IIRC

[Khriss]

Fell em  all ! ? Actually I thought the Act was pretty much a tree surgeons charter cos basically once you have a plaintiff, an the matter goes to the LA, there ain't much you can do against it. It's a criminal act to not comply. But looking at my notes on the calculations involved, I would sit down with both sides n agree a set height of maintenance, as if the property is sold , that action hedge height  remains in force ! K

[Gary Prentice]

Digressing slightly, I've a client, a reasonable fellow who happens to be a solicitor. His bottom boundary is a cypress hedge of no more than about three metres.

 

His neighbour built an extension, closer to the hedge and then started a dispute about the hedge height. I would have thought that the LA should have considered the trees and hedges as a material consideration in deciding the application to prevent the issue now.

 

The owner reduced the height to the calculated actionable height, determined by the LA, to prevent enforcement but the neighbour sends letters annually to tell him it needs cutting threatening to involve the LA through the HH legislation. I suggested that the owner might have a claim back at the council because of their consent for the extension but he can't be bothered to go in that direction.

 

My suggestion of planting some new LC's inside the hedge, but not close enough together to form a hedge, and allow them to grow to 30 m+ wasn't taken up either

[Khriss]

....was my point Gary- fancy buying a house n finding that to deal with ( wonder if it's covered in that Homebuyers pack thingy ? ) k

[Gary Prentice]

I think you have to acknowledge things like that. 

 

Although in this case, it never went to ASBO so it remains an ‘agreement’ between the neighbours.

[daltontrees]

OK all comments to date by everyone don't apply to cases in Scotland.

 

I don'yt think this is a grey area really. In all parts of the UK except Sctland it is specified that a High Hedge notice cannot require reduction below 2m or removal of the hedge. Someone early on decided that excessive reductions that would result int eh death of teh ehdge constituted 'removing' the hedge, and so the rule has evolved and stuck that you can't kill a hedge even if the resultnt height at which the hedge wouldn't die is way way above the action height calculated by the english method. One of the first ever appeal decisions did just that.

 

In Scotland there is no such stipulation in the Act. Nor has there been any decision at appeal that so stipulates. I had a case where a line of Larch constituting a hedge were 23m high and had to be reduced to 6m, in effect to bare stems. The reporter was a retired solicitor, and one of the clearest thinking Reporters I have met (possibly the only one), and I believe his decision was thoroughly justified and compliant with the Act.

 

So, in Scotland, the action required to comply with a HH notice can kill a hedge.

 

My personal view is that since a fence of 2m does not require any statutory approval there is no point in mucking about with smaller hedges or loss of hedges completely; the hedge owner can simply replace it with a 2m fence.

[daltontrees]

4 hours ago, Khriss said:

...It's a criminal act to not comply...

Another difference in Scotland, it's not a criminal offence here not to comply.

[Andymacp]

So the LA can recommend a reduction to 2m where the result would be bare stems and death of the trees/hedge?
So the LA might as well recommend complete removal. Cost wise and common sense.

[Gary Prentice]

50 minutes ago, Andymacp said:

1 hour ago, daltontrees said:

OK all comments to date by everyone don't apply to cases in Scotland.

 

 In all parts of the UK except Scotland it is specified that a High Hedge notice cannot require reduction below 2m or removal of the hedge. Someone early on decided that excessive reductions that would result int eh death of teh ehdge constituted 'removing' the hedge, and so the rule has evolved and stuck that you can't kill a hedge even if the resultnt height at which the hedge wouldn't die is way way above the action height calculated by the english method. One of the first ever appeal decisions did just that.

 

 

Are you referring to England and English Appeal decisions?