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Posted (edited)
17 minutes ago, daltontrees said:

The legislation is different in different parts of the UK.

 

The deciduous content can have only one of a few effects on the outcome.

 

Firstly if they are the majority of the hedge, it doesn't qualify for  a High Hedge notice, no matter how bad the shade.

 

Secondly if it is a high hedge the deciduous content will give the neighbour some relief from shade in the winter. This can be significant but will not be percevied as such, especially for sunlight.

 

Thirdly if there is a high hedge notice it most certainly can be part of the actions to have it reduced. It is the effect on enjoyment that matters, not that it is deciduous.

 

Which way it goes is  matter of degree. Mostly to do with height. It's not a binary decision.

 

Mixed hedges are impossible to predict. The HHLL calculation is not appropriate for most situations and makes no sense for partly deciduous hedges.

 

It is possible to split the assessment, for example assess only the laurels and ignores trees amongst them.

 

Rather poorly written legisaltion, badly written guidance and generally poor understanding of the technical issues by Councils and Reporters. Bit of a lottery really.

 

thankyou for that really insightful reply. It is our fear of it being a lottery. Exactly as you said, the guidance just isn't clear at all. But it's good to know that the assessment can be split. 

This is totally eyeballing it, but if one were to use the horizontal portion of that hedge in the image I attached. I'd say its around 65/35 deciduous:evergreen. The height of the laurels is only above 2M where property 2's garden boundary is, but that laurel does run through all the hedge, just mostly at much lower heights. The deciduous trees are mostly 6M or so i'd say.  If one were to include the other section of the hedge down the right hand side of Property4, i'd say it's then more like 85/15 deciduous:evergreen.

My personal opinion is... if all the deciduous trees were reduced in height should the complaint be upheld, that would be the worst outcome... but my point is that once the council is involved...my fear is that it would be then out of any of the properties control regarding what they do and don't deem to be part of the hedge and acionable.

By HHLL do you mean the spreadsheed calculator to determine actionable height? We've used that and indeed the evergreen portions of that hedge for property2 would be actionable based on that. Hopefully not the immediately close deciduous ones though!

Edited by GordonM

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Posted

Not meaning to sound like a dick, but when you've got arguing neighbours we just tell them to sort it out themselves then give us a call. The amount of time,energy and money these things take is never worth getting involved.

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