About High Hedges and the High Hedges Law
|USING the HIGH HEDGES LAW||
Advice on using the High Hedges Law|
Preliminaries required for using Hedge Law + model letter to grower
Hedgeline Guides to the High Hedges Law
APPEALS - Essential to consult quickly if thinking of appealing
Remedial Notices must be Registered with Councils - You should check
|HEDGE LAW & COUNCILS|| High Hedges Law
troubleshooting pages. Councils and loopholes.
Huge fees for using High Hedges Law
Councils may not make an order which would kill the hedge
|Government PUBLICATIONS||The High Hedges Law text & Government supporting documents, including 'BRE Guidelines'|
|The situation in WALES||The situation in Wales is rather different|
Frequently asked Questions about this Law, including definitions|
N Ireland, Scotland.
Index at top of this
page but please read the below entry first.
(For Wales also see below Situation in Wales from Jan 2005. For Scotland see Scothedge )
Summary and further
explanation of the preliminaries to using the High Hedges Law, including Mediation
Preliminaries to using the High Hedges Law
In this letter you should ask the grower to communicute with you about the reduction of his hedge mentioning very briefly what problems the High Hedge is causing for you. You should politely ask the grower to reduce the hedge sufficiently to alleviate these problems, (though not to below 2 metres). You should offer him mediation if your council is saying you need to have offered mediation, but be sure to specify that you expect the grower to share or even fully meet the cost of the mediation. Keep this letter as short and to the point as possible. Try to get it on one side of paper, and we do not mean one side of A4, closely typed.
Using the High Hedges Law
* safe height for regular trimming and maintenance, where the hedge is in such a position that it needs to be regularly
maintained, because, for instance, the overhang is taking up too much of the victim's ground;
* plant damage where it is clearly caused by hedge height through deprivation of light or rainfall;
* the hedge unduly enclosing the property or unduly intruding on the outlook, (particular views are not protected).
* the hedge being oppressive and spoiling reasonable enjoyment of a property;
* the hedge being disproportionate to the garden space it dominates.
Summary and further explanation of the preliminaries to using the High Hedges Law, including Mediation
The Law and the Government Guidance notes allow for other aspects of nuisance besides light loss to be considered by the Local Authority.
We have given the relevant extracts from the Government Guidance notes which establish that light loss and the 'BRE
Guidelines' do not supply final hedge heights. Extracts from Government Guidance notes These are what you need in order to confront local authorities which are using light loss only
and for use in your appeal.
Fees - Huge fees for High Hedges Law
Sadly the Government imposed no maximum figure for fees chargeable by LAs.
Table of fees which Councils were charging when they first implemented the High Hedges Law. This will give some indication of present fees but it may not be up to date (Check council's website in case there are changes)
If there is only one complainant there should only be one fee see Troubleshooting Q9 Unfortunately if there is more than one complainant about a single hedge, each has to pay a fee.
See also How to complain to your Council which gives general advice on effective ways to complain.
Most unfortunately no one has managed to claim back their fess from the grower.
Please be sure to contact Dot on Dot@mpcc.org.uk
Do this quickly after you get the council's remedial notice as you only have 28 days to appeal and the way you do it is crucial.
Dot is looking into appeals for us and has the necessary expertise.
(There will be no charge for the initial appraisal of your case but if we become further involved we may have to ask for reinbursement of our material expenses).
Potential damage to buildings and other constructions.
Concise Notes on the Content of the High Hedges Legislation
Easy Guide to the High Hedges Legislation in question and answer form
DCLG (Government) publications
Individual documents are to be found as follows-
The DCLG (Government) contact email is firstname.lastname@example.org
Part 8 of Anti-social Behaviour Act (High Hedges Law) Text of the Act
The legislation was implemented on 31st December 04. It is now ready to use. The guidance notes for Local Authorities were not complete at the time and draft notes have been used in the meantime.
The Welsh Assembly has the responsibility of determining some of the details of the 'High Hedges Law', including fees.
Any concerns about Matters in Wales must be addressed to The Welsh Assembly. (Phil Hope is The MInister in Westminster and he does not have any concern with the final details of how the Law is set up in Wales).
Official documentation Concerning implementation of the 'High Hedges Law' in Wales - Welsh Statutory Instrument
Contact Information - Welsh Assembly
For AMs - National Assembly for Wales, Cardiff Bay, Cardiff CF99 1NA (Tel. 029 2089 8200).
If you don't know the name try ringing.
The Minister responsible is Carwyn Jones who may well reply that the councils will have the freedom to charge less if they wish.
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ABOUT the HIGH HEDGES LAW index
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