ATTENTION! ALL SCOTTISH HEDGE/TREE VICTIMS

ATTENTION! ALL SCOTTISH HEDGE/TREE VICTIMS

Postby mazzy » Mon Oct 01, 2007 11:28 am

The Scottish Government is currently considering what would be the most appropriate and effective means of introducing HIGH HEDGES AND TREES LEGISLATION.

On October 2nd 2007, the Petitions Committee will review PE984. This review should hopefully bring an end to those suffering from high hedge and tree nuisance with the introduction of 'appropriate and effective legislation'
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Postby stevedeecars » Mon Oct 29, 2007 10:03 am

So how does that effect me who has a neighbour who has built an extension 4m from my bay window and has a window overlooking into my house and garden and who's floor level is a metre higher than mine a 2 metre high hedge is no good to me. Surely it works both way's.
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Postby mazzy » Mon Oct 29, 2007 6:35 pm

Westminster legislated in their ASBB in 2003. Although flawed, at least in England & Wales it has been accepted that there is a great deal of misery caused by disputes over high hedges & trees.
However, those Scottish victims suffering from high hedge & tree nuisance have no such legislation as our own Parliament in Scotland are still discussing the matter.

Stevedeecars, I am slightly confused by your reference to 'a 2metre high hedge is no good to me. Surely it works both way's'' ???
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Postby stevedeecars » Mon Oct 29, 2007 8:43 pm

Hi Mazzy,

I need my hedge to at least 3 metres anything less than this and my neighbour can see my living room carpet. There is a standing joke in my village that they have sold their TV, because they can watch mine.

Steve.

I know high hedges cause problems and yes we do need laws to control them. But I’m I not untitled to my privacy.
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Postby mazzy » Tue Oct 30, 2007 11:25 am

In England, this new legislation allows local authorities to consider complaints under Part 8 of Anti-Social Behaviour Act 2003. It is aimed at settling disputes where a hedge is evergreen or semi-evergreen, more than 2 metres tall.
The legislation does not cover single or deciduous trees.

Stevedecars, if you need a hedge at least 3 metres high, what's stopping you from growing a plant species other than evergreen/semi-evergreen, say a beech hedge (for example) to this height to form your screen?
You could go to a plant nursery and purchase larger than normal specimens to give you a good head start. At this time of year, you could buy bare root specimens which'll be cheaper for you too.
Also, what about buying some big pots and plant them up with a shrub/small tree and position as such to form an 'instant screen'. We have an amelanchier in a big 2 & a half foot pot which gives us height + height of the shrub, does the job!
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Postby mazzy » Tue Oct 30, 2007 11:36 am

Sorry, I'm assuming you live in England/Wales?
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Postby Alan Harris » Sat Nov 03, 2007 12:37 am

Dear all

The English legislation is illogical and not entirely fair.

Scottish improvments should include
1. Deciduous trees as well as evergreens (eg beech hedges are as dense as coniferous hedges).
2. The cost of submitting a case to the council for resolution should be refunded by the neighbour in proportion to which is found not to have been reasonable (just like the "who benefits" principle in party wall legislation).

Yours sincerely



Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Postby mazzy » Mon Nov 05, 2007 12:03 pm

Thanks for that Alan. What's needed in the Scottish legislation is;

*A recognition that the problem is not caused by any particular species, number or arrangement of trees but purely by the selfishness of a few individuals who use their hedges/trees to cause distress to their neighbours.

*Action to deal with these individuals in just the same way as if they played loud music, caused verbal abuse, kept unruly animals, revved motorbike engines or any of the other things for which the law currently offers a remedy.
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Postby mazzy » Wed Dec 05, 2007 10:42 pm

The next Petition Committee review of the High Hedges & Trees issue under PE 984 will take place on 18th December @ The Scottish Parliament.
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Postby mazzy » Tue Jan 08, 2008 2:44 pm

As a final statement for 2007 we have this:

'Please be reassured that the Minister for Community Safety recognises the importance of the issue (High Hedges) and is keen to see an effective solution developed, sooner rather than later'
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Postby mazzy » Mon Feb 04, 2008 3:54 pm

Our Scottish Parliament are quite obviously not in any rush to address the issue!!!!

The suggestion that the 'Review' is expected to last 3 months and so nothing will emerge until March/April/May 2008?......let's not hold our breath on that one eh!
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Postby mazzy » Sat Mar 01, 2008 10:16 am

In a letter to the Petitions Committee from the Community Safety Committee, we now learn that the 'Review' will report to the Parliament by the end of 2008!!!!!
The government believes that most hedge disputes can be solved by mediation but acknowledge that a few may require means of last resort to secure resolution.
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Postby mazzy » Sat Mar 15, 2008 3:16 pm

It has been put in writing that the Health and Safety Committee will meet with Scothedge in due course and that a decision will be made by the end of 2008 as to the 'most appropriate means' to resolve hedge disputes.
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Postby mazzy » Sun Jul 13, 2008 3:09 pm

Scothedge have a meeting with the government scheduled for later this month (july '08) - the process towards legislation is underway!

In the remaining days before this meeting Scothedge encourage victims of high hedge and tree problems who have no membership of Scothedge to E-mail them to add weight to the already substantial evidence of anti-social response to legitimate complaint about loss of enjoyment or value of a home through external hedges, trees or major plants which cause nuisance.
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Postby mazzy » Fri Jul 25, 2008 4:55 pm

Scothedge met with the policy advisors to Fergus Ewing ( Minister for Commuinity Safety) and the process towards legislation is underway.

If you wish to add your own views on the matter please write to:
Fergus Ewing
Minister For Community Safety
St.Andrew's Road
EDINBURGH
EH1 3DG

or email: scottish.ministers@scotland.gsi.gov.uk
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