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conifer law


Bob Rolfe
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i thought there was a right to light if you've had the same view of well wot ever there sun or a church or something for the last 20yrs and then its removed then you've got rights not sure wot it comes under though. i think its under building regs for extensions but its usable in the case of high hedges where a row has been planted and grown to block your light or veiw.

 

Nope

 

Definitely no right to a view and no right to light that you can use. Right to light is usually used where new large buildings restrict the light of existing structures, and then usually to calculate a financial compensation.

 

Check out the High Hedge legislation it’s likely to be your tool for this job.

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ive got a customer who is having trouble with some conifers... problem really is that the conifers are not in his garden there in next doors what are the laws surrounding conifers does anybody know apart from the right to light one

 

 

..and as a last resort there are ss65-68 of the Anti Social Behaviour Act 2003. You really really don't want to get tangled up in one of them; I would suggest subbing such a job to two questionble gentlemen with accents west of Abergavenny who drive a beaten up Transit tipper!

 

Now that was helpful wasn't it! But it makes the point that there is legislation out there that may be able to deal with the situation if common sense and communication fail.

 

Good luck whatever.

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Our company had to reduce a conifer hedge last year for a LA due to an ASBO bein served on it. Never had soo much hastle on a job the woman who owned the trees kept standing under the conifers with her kids! The ASBO stated that they had to be reduced down to 5 metres,not sure if they serve them once the hedge is above a certain height.

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The neighbours should try and talk it through and come to their own agreement in the first instance. Failing this then Hedgeline can help ease problems between parties and find solutions...

 

The last option would be to approach the Local Authority with a High Hedges (section 8 (off the top of my head) of the Anti Social Behaviour Order) claim but they will only act if all other routes have been exhausted, they will also charge a fee.

 

After a High Hedges investigation the LA may rule that the offending hedge be reduced to an Action Hedge Height - the result of calculations made by the Tree Officer. The hedge may then be reduced to 600mm below the AHH to allow for re-growth. If the hedge owner does not comply, the LA has the power to have the work carried out and bill accordingly.

 

A drawn out and costly process that is best avoided by reasonable discussion over a nice pint! I'd stay out of it personally.

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