40ft hedge trimming judgement Scotland

[Mick Dempsey]

The other side, luckily for these neighbours they are to the southern side.

[Gary Prentice]

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.

 

Thanks for the clarification, I suspected the wording was different.