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Pink Camelia
Joined: 04 Nov 2009
Posts: 18
Location: South
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 Posted: Sat Feb 06, 2010 11:06 pm Post subject: Update on this |
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Just wanted to give you an update on this:
I submitted the HH Complaint with my cheque of £500 to the Council in Aug 09.
I've had five visits from five different people from the council including the head of planning.
I've involved a Solicitor who sent a letter to the neighbour putting him on notice if any of his trees cause any damage to my property he will be held responsible.
With all the snow in Jan guess what happened, one of his trees fell into my garden. This was exactly what I wanted to avoid.
Again I contacted the council took photo's etc.
Six months later I am still waiting to hear from the council.
Unbelievable. What have I got to do to resolve this problem?
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Pink Camelia |
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despair
Joined: 14 Mar 2005
Posts: 11135
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| Posted: Sun Feb 07, 2010 3:29 pm Post subject: |
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File a complaint with LA Ombudsman
File a HH appeal
Sue the neighbour for the damage done by his tree falling |
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ukmicky
Joined: 27 Sep 2008
Posts: 1701
Location: London
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| Posted: Sun Feb 07, 2010 3:34 pm Post subject: |
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| despair wrote: | | Sue the neighbour for the damage done by his tree falling |
That bit would not be easy |
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Pink Camelia
Joined: 04 Nov 2009
Posts: 18
Location: South
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| Posted: Sun Feb 07, 2010 6:24 pm Post subject: |
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The tree that came down was 15 feet tall and was a large section of a very tall leylandi. It broke a bit of the fence and squashed my shrubs and landed in my garden not too much damage, we fixed the fence ourselves. Thing is I could have been standing underneath it and it would have killed me or one of my dogs could have been out there. This is my worry, the trees are unsafe. If I don't hear from the Council by next week I will write to the Ombudsman.
Despair, this is the same neighbour that's wrecking the fence with his tyres and logs and rubbish.
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Pink Camelia |
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ukmicky
Joined: 27 Sep 2008
Posts: 1701
Location: London
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| Posted: Sun Feb 07, 2010 6:27 pm Post subject: |
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| Quote: | | This is my worry, the trees are unsafe |
Why do you believe they are unsafe? |
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Pink Camelia
Joined: 04 Nov 2009
Posts: 18
Location: South
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| Posted: Wed Mar 10, 2010 10:18 am Post subject: Update |
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Just to give an update on this:
The council issued ASBO enforcements on my neighbours and have ordered them to cut their trees. They were given 28 days to appeal and two months to get the work done.
In summary:
It's taken 7 months probably 9 by the time the trees are eventually cut and 6 to 7 individual council visits to all parties involved and a lot of work by me but when the work is eventually done it will be worth it to have some light and sun back into our house.
I will post again when the work is done.
Thank you all who assisted me. Especially Dot who was in the background.
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Pink Camelia |
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despair
Joined: 14 Mar 2005
Posts: 11135
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| Posted: Wed Mar 10, 2010 6:57 pm Post subject: |
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Glad to hear the Council ruled in your favour
Consider Aug to Mar is way too long plus to now give them 2 to 3 months to reduce the height they will now be claiming breaches of rules on protection of birds nests
How tall were the trees /hedge
What reduction was ordered
Are they required to continue reducing each year or is their a maintenance height stipulated
I would file a complaint with the Council Ombudsman over the delay especially if they try to delay cutting till Sept |
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Pink Camelia
Joined: 04 Nov 2009
Posts: 18
Location: South
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| Posted: Thu Mar 11, 2010 2:59 pm Post subject: |
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The trees are 10metres (I thought they were taller but that's what they have measured them to be) they have been ordered to reduce them to 6.7 metres a little disapointing since that is still as tall as my house. They are in very poor condition a lot of die back and several large branches have fallen off in recent years. The Council says that according to the HH Law and the closeness to my house they should be taken down to 3.25 metres. However, because of the condition of the trees they say they can't ask them to cut them any lower than 6.7 metres as that might kill them. I have always been concerned about safety but they don't seem to have taken safety into account at all. Only the health of the trees which have never been looked after and are in a terrible anyway! What else can I do? The Council has made their ruling!
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Pink Camelia |
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despair
Joined: 14 Mar 2005
Posts: 11135
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| Posted: Thu Mar 11, 2010 4:51 pm Post subject: |
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The HH Law only allows for 1/3 rd reduction
However there should also be a maintenance and furthur reduction order contained within that ruling
If they have not specified ongoing work and reduction then i believe you have a right to complain loudly plus i think you can appeal
Contact the person on www.Hedgeline.org who knows about appeals |
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TO
Joined: 28 Dec 2005
Posts: 144
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| Posted: Fri Mar 12, 2010 12:42 pm Post subject: |
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Hi
Despair says | Quote: | | The HH Law only allows for 1/3 rd reduction |
I say: No it doesn't. Each high hedge complaint is looked at on its merits and the degree of pruning will be considered on the specific merits of the individual case. Anyway isn't 3.3m 1/3 of 10m, or as near as damn it.
Despair says. | Quote: | | However there should also be a maintenance and furthur reduction order contained within that ruling |
I say: That is for the Council to decide, or the Planning Inspector at appeal, when determining the outcome of the complaint, taking into account all the circumstances and any representations.
Despair says | Quote: | | If they have not specified ongoing work and reduction then i believe you have a right to complain loudly plus i think you can appeal |
I say: Well you can appeal, and you can complain. But these are two different things.
Pink Camelia says | Quote: | | I have always been concerned about safety but they don't seem to have taken safety into account at all |
I say: Fears that the hedge, or parts thereof are dangerous and may fall and cause damage are not material considerations when determining a high hedge complaint. Other legislation is available to deal with such matters.
Despair says | Quote: | | I would file a complaint with the Council Ombudsman over the delay especially if they try to delay cutting till Sept |
I say; THe Ombudsman deals with complaints against the Council. She will not be interested in whether or not the hedge owner tries to prevaricate as she has no juristiction over private individuals. An offence regards birds can only be committed if there are birds present. If not then there is nothing to stop the hedge being cut.
Unfortunately the process always seems to take a long time. Not least because the warring parties drag it out one way or another. However, that is no reason not to allow the hedge owner reasonable time to comply with the requirements of the Remedial Notice, and three months is reasonable.
TO |
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despair
Joined: 14 Mar 2005
Posts: 11135
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| Posted: Fri Mar 12, 2010 3:46 pm Post subject: |
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TO
It seems to me that the Council have dragged their feet on this one and the current outcome still benefit the hedge owner not the OP
If theres no maintenance order it wont be long before the poor old OP is faced with forking out another £500 + and waiting another 9 months to get at least some use of their garden
That is not justice or a proper administration of the HH Law |
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TO
Joined: 28 Dec 2005
Posts: 144
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| Posted: Mon Mar 15, 2010 2:55 pm Post subject: |
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Hi
Despair says | Quote: | | It seems to me that the Council have dragged their feet on this one |
I say: Maybe they have, maybe they haven't. But without being privy to the facts of the WHOLE case then it is just an assumption.
Despair says | Quote: | | the current outcome still benefit the hedge owner not the OP |
I say: The Council are there to act as an independent third party adjudicator. They will make an unbiased and balanced decison based on both the grounds of complaint AND the representations of the hedge owner. The Council is not there to take sides in a neighbour dispute. The result, therefore, might not be what the complainant wants, or what you think it should be based on one side of the story.
Despair says | Quote: | | If theres no maintenance order it wont be long before the poor old OP is faced with forking out another £500 + and waiting another 9 months to get at least some use of their garden |
I say: Another assumption based on a lack of knowledge of the details of the case that an appeal will put right if appropriate.
Despair says | Quote: | | That is not justice or a proper administration of the HH Law |
I say: Another assumption based on a lack of knowledge of the details of the case.
TO |
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despair
Joined: 14 Mar 2005
Posts: 11135
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| Posted: Mon Mar 15, 2010 6:10 pm Post subject: |
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The hedge is 16 metres Tall and 2 metres from the OP s house
If thats not totally anti social i would like to know what is
16 metres = 52ft for goodeness sake |
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TO
Joined: 28 Dec 2005
Posts: 144
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| Posted: Tue Mar 16, 2010 10:06 am Post subject: |
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Hi
Despair says | Quote: | | The hedge is 16 metres Tall |
Pink Camelia says | Quote: | | The trees are 10metres (I thought they were taller but that's what they have measured them to be) |
I say: Its easy to get the height wrong when you are guesstimating. And if the hedge is a problem you are always likely to err on the higher side. I've been estimating the height of trees/hedges for far too many years and when acctualy measured I'm still usually out, so its not easy. Best to measure them accuratley.
Despair says | Quote: | | two metres from the house |
Pink Camelia says | Quote: | | and less than 3 metres from my house |
I say: is that three metres from the edge of the hedge, the centre of the hedge, or the boundary. Are there any windows that are affected in the wall of the dwelling adjacent the hedge, but then isn't the problem light to the patio not the dwelling?
When calculating the effect a high hedge has on light loss you measure from the boundary along which the hedge is growing, not the hedge, unless it is set back from the boundary by over 1m or on a slope, and then some adjustments need to be made.
We shouldn't assume.
TO |
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