Death warrant for scottish trees signed?

[daltontrees]

I tkae the point about death ensuing from excessive cutting. But the Act says nothing about that, it just gives a right to light. Again I fear for TOs that have to walk the fine line which willl be literally impossible for some broadleaf situations.

 

Incidentally, and I have just spotted this, the scottish Act does not give a minimum height for high hedge notices.

 

Now, this has interesting implications. The first thing that occurs to me is that the courts have in England been obliged to accept the assumption that excessive cutting could kill a hedge and would result in it ending up less than 2 metres high, and that is not sanctioned by the Act. This has I am sure been upheld in written appeal decisions. Secondly, there have been cases where the calculations in the guidance have produced an action hedge height of less than 2 metres and the 2 metres has been taken as the appropriate height because the Act says that's the lowest it can go. Sensible, I think.

 

So if you remove the 2 metre rule as the scottish Act does, there is no reason to stop at 2 metres or not to kill the hedge completely.

 

It is anyone's guess why the MSPs have gone for this. Bear in mind that they started with the wording of the English Act and then modified it. Someone at some point made a conscious decision to remove the 2 metre rule. Hmmm...

[Tony Croft aka hamadryad]

when government starts entering every aspect of life its time for revolution!

 

but seriously, most arbs let alone public arent aware BS3998 exists, let alone updated recently, it isnt going to start a massacre, chill out.

 

what else are the old Etonians to do if not to pass the odd benign law while they finish their scotch/afternoon nap.

[daltontrees]

I think most people are too apathetic to bother with a revolution. And thus we get what we deserve and deserve what we get. The trees just get what they get, poor things.

[likeitorlumpit]

Just out of interest- has anyone been involved in reducing hedges to comply with our English law. Just mention it because it would seem we all know about the law but who actually uses it. Is it not a case of people just behaving a bit more neighbourly and not using hedges in a bullying way. The law is there for extreme circumstances maybe.

[skyhuck]

Just out of interest- has anyone been involved in reducing hedges to comply with our English law. Just mention it because it would seem we all know about the law but who actually uses it. Is it not a case of people just behaving a bit more neighbourly and not using hedges in a bullying way. The law is there for extreme circumstances maybe.

 

We've done one for the local TO, the deal was I invoice the hedge owner and if I was not paid the council would pay and their costs would be secured against the house, to be recouped from its future sale.

 

The hedge owner did pay.

[Gary Prentice]

Just out of interest- has anyone been involved in reducing hedges to comply with our English law. Just mention it because it would seem we all know about the law but who actually uses it. Is it not a case of people just behaving a bit more neighbourly and not using hedges in a bullying way. The law is there for extreme circumstances maybe.

 

I've done one, for a lawyer, due to a new neighbour from hell. The complainant moved in, extended the property nearer the hedge then raised the issues before contacting the LA.

 

I suggested that the owner went to to court to contest the issue but he wasn't up for it. The hedge was only 4m high and probably wouldn't have required cutting at all if the house hadn't have been moved closer. Seemed a bit unfair.

 

We now maintain it at its lower level though.

[TreeswingerPerth]

Aye , Fat Eck and his team don't exactly fill you with confidence when dealing with country side matters . I'll be guarding the Meikleour hedge , rest assured of that .

[daltontrees]

I thinkt the Meikleour hedge is safe because the Act says that hedges of historic or cultural importance get special consideration.

[daltontrees]

I've done one, for a lawyer, due to a new neighbour from hell. The complainant moved in, extended the property nearer the hedge then raised the issues before contacting the LA.

 

I suggested that the owner went to to court to contest the issue but he wasn't up for it. The hedge was only 4m high and probably wouldn't have required cutting at all if the house hadn't have been moved closer. Seemed a bit unfair.

 

 

What a pity the client didn't contest it, I think you would have had a decent case.

 

Another quirk of the scottish Act is that it's what the complainant can expect to enjoy, compared to the english Act that is about reasonable enjoyment. What's the difference, you may ask? Well, in your extension case the compainant extended into an area of inadequate light and therefore can't be said to have the right to expect adequate light there.

 

Until someone takes a case on this aspect we'll never know. All I think we can say meantime is that parliament didn't make its intentions clear.

[daltontrees]

For anyone who's interested, the scottish High Hedges Act comes shambling into force on 1st April 2014, how appropriate because any Council getting a High Hedges application on the first day and then consulting the new Government 'guidance' will rightly think they are having an elaborate April Fool joke played on them. Did I give the impression there that the guidance is pants. Sorry. Pants are at least useful.

 

 

High Hedges law - High Hedges Scotland help advice representation