conifer screen

conifer screen

Postby norman » Tue Jan 29, 2013 8:53 pm

Hi,
A nearby `neighbour` has planted a row of 6`tall conifers, for a length of 25ft to form a screen for his garden. The planting is about 12ft from a boundary but when these trees grow they will remove the sunlight from our garden for a considerable length of time during the day.

Discussion is not an option here (been there), and i was wondering if anyone had any knowledge regarding the height these trees are lawfully allowed to grow. I understand if they were on a boundary then there is a legal height. But as they are planted away from the boundary are there any regulations restricting their height.

Any suggestions where to look for information regarding this situation :D

Norman.
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Re: conifer screen

Postby cloudyeyes » Tue Jan 29, 2013 9:35 pm

The High Hedges legislation doesn't specify that the hedge has to be on a boundary. It just has to adversely affect the reasonable enjoyment of the neighbour's property. 2m is given as the definition of a high hedge for the purposes of the legisaltion. That doesn't mean that anything above 2m will have to be reduced, it's a bit more complicated than that.

But aren't you rather jumping the gun here? You don't know what species the trees are - they could be slow-growing and never cause a problem in your lifetime. Your neighbour may have every intention of maintaining them to a reasonable height. Why not wait and see?
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Re: conifer screen

Postby Treeman » Tue Jan 29, 2013 10:35 pm

cloudyeyes wrote: Why not wait and see?



Thats good advice, in fact its the only advice, there is nothing you can do untill you eventualy (if ever) have a case under the HH legislation
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Re: conifer screen

Postby norman » Wed Jan 30, 2013 9:23 pm

Hi, Thank you for your replies. Sorry i`m not too good with computers so I hope i have pressed the right buttons :D

The trees are Leylandii, bought and planted at a height of 6`. The sole intention is for them to grow to a height of at least 5 metres to obscure the `overview` from a neighbours new dormer in a bungalow. At this height they will restrict the sunlight into our garden. No, I am not `jumping the gun` just preparing for the inevitable ( the man is unaproachable) hoping (no that is the wrong word) someone may have gone through the same experiences and be able to offer help from their experience. Solicitors are very good at writing letters :D
This hedge `thing` seems a very` grey area` and whilst most seem to turn to the council for help, I can understand their position regarding involvement in what is a`private dispute` and the cost to their tax payers by becoming involved.

Thanks for your replies.
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Re: conifer screen

Postby cloudyeyes » Wed Jan 30, 2013 11:16 pm

It doesn't seem unreasonable to plant a screen on their own land if a new window means they are now being overlooked.

If they ever do become a problem, you don't need a solicitor. The correct approach is to resolve the matter yourself with the neighbour, using mediation if necessary, and only if a resolution can't be achieved to raise a complaint with your local council who are tasked with administering the high hedge legislation. In order that it isn't a burden on taxpayers, most councils charge the complainant a fee.
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Re: conifer screen

Postby WILL*REMAIN*STRONG » Thu Jan 31, 2013 10:25 am

I think you will have to wait until they are very tall and casting a lot of shade. The council can't step in before the matter, they have to see the effects of the shade from a hedge and do their calculations.
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Re: conifer screen

Postby syl2 » Thu Jan 31, 2013 4:50 pm

Wait until they are at a height which causes you the slightest bit of unease, but over 2m, then complain. He will be told to maintain them at that height or less. If that is 2.01m then fine, but if they don't bother you until 3m, then why complain before then? If you wait until they are 5m, he might be told to cut them down to 4m and maintain them there which would still be a problem for you.
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Re: conifer screen

Postby cloudyeyes » Thu Jan 31, 2013 5:36 pm

syl2 wrote:Wait until they are at a height which causes you the slightest bit of unease, but over 2m, then complain. He will be told to maintain them at that height or less.


That's not how it works.
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Re: conifer screen

Postby norman » Fri Feb 01, 2013 12:19 am

thank you everyone, your comments have been both interesting and informative. It is a little difficult to have privacy from upstairs windows when you are in a row of houses, but can understand the reference to privacy. It is something we would all like but not necessarily able to afford, a detached country houses.Now I have a little more information I will write a note and ask for the opportunity of a chat. You never know and of course there are always more than one side of a story. Thanks again all
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