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Points the DTLR have Agreed to Consider Carefully
Points raised in our letter
1. It should be made clear that the 'BRE Guidelines' are only about loss of light and winter sunlight and it should be clearly explained that they are applicable only where the problem is exclusively loss of light and summer sunlight
- Sets of figures other than those for light must appear in the Leaflet.
a. There must be figures to indicate for how many months winter sunlight is cut off by 'BRE Guidelines hedges.
b. Figures must show how much privacy the grower is entitled to claim as of right i.e ground floor to ground floor - 2 metres.
c. Figures must be used to show the height limits for safe cutting (8 to10 feet absolute maximum).
- Trimming is necessary in small and average gardens.
It is a regular twice/three times a year activity, for which the Small Claims Court does not provide a suitable remedy.
- It is not about removing trespass, it is about sensory experience (a tidy garden)
- Other problems which high hedges cause must be given sufficient emphasis in the Leaflet.
a. High hedges restict a victim's gardening.
- Plants will not grow under untrimmed hedges and it is impossible for most people to keep high hedges trimmed.
- Plant growth is impaired in gardens dominated by high hedges
b.Hedges at heights suggested in the 'BRE Guidelines' can be very oppressive.
2. The leaflet should be balanced and the victim given as much dignity and importance as the grower.
- There must be a code of practice for the grower to balance that for the victim.
- It should not be suggested that the victim offer a contribution towards cutting, unless the hedge, at its reduced height, is something he would consider reasonable.
- The title of the Government Advice Leaflet should make clear it is advice for the grower as much as for the victim.
3. General points.
- Hedgeline should be consulted fully on the wording of the Advice Leaflet.
4. Further Considerations
- The matter of the forthcoming legislation will need to be looked into since the drafted Law is based exclusively on 'light'.
(This is a summary of points raised in of our letter of 30th April. Our letter 30th April refers to matters arising from DTLR replies to our letters, to the first draft of the 'Government Advice Leaflet on hedge height' and to the the 'BRE Guidelines on hedge height and light loss'.
Return to Advice Leaflet to be restructured and Revised. Possible Changes in Draft Legislation, May 02
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