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Gardening Taff


Post by Gardening Taff » Sun Mar 06, 2005 7:21 pm

I had previously resigned the western end of our garden to compost production and storage in a shed as nothing would grow there due to a dense line of 30 foot Leylandii in our direct neighbour's garden, but these were almost entirely removed after friendly consultation with those neighbours (I actually helped them cut and dispose of the pesky trees which were there before they moved in).

However another neighbour's 30 foot long stand of Leylandii to the southwest of our home (the line of trees starts about 10 feet from our SW garden boundary) were reduced from approx 35 feet tall to approx 20 feet tall last year but they still cast a deep shadow across our garden towards the end of the afternoon, losing us about 2 hours of useful sunlight. These neighbours won't even talk about their trees, so what rights do I have in law these days regarding these trees reduction in height ?

These trees' branches cross a narrow Council-owned alleyway and overhang another neighbour's property, but this neighbour is afraid to trim back to the boundary "just in case I cut an inch too far and end up in court". As these branches overhang Council property before reaching my neighbour's own land what is the legal situation there?

Alan Harris
Posts: 497
Joined: Thu Feb 24, 2005 11:46 pm
Location: Hayes, Kent

Post by Alan Harris » Sun Mar 06, 2005 11:48 pm

Dear Gardening Taff

Unfortunately the "High hedges bill" [Section 8 of the Anti Social Behavoiur Act] was passed in 2003 but the framework for implementing it has not yet been published by the Deputy Prime Minister's department. Many excuses have been given but I suspect that the real reason is that there will be a fee cost of the Adjudication sevice from Local Authorities and with a general election so close no-one wants to be seen announcing anything with a cost implication of any kind, for instance if LA's had ti increase staff to deal with a huge number of disputes. Even if there were not many actual disputes the conservatives or liberals could imply that there were and use the "facts" to criticise the govt for stealth taxation! If eventually a guideance regulation is issued (if labour are returned) then the heights of hedge as presently proposed could help to further reduce the Leylandii to your southwest.

Why not lobby your MP or the Deputy Prime Minister (he doesn't have much else to do) to add to the pressure for the govt to act.

The high hedges section of the act does start to add some sense to neighbour disputes and I cannot see any good reason for holding up full implimentation.


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.

Gardening Taff
Posts: 5
Joined: Sun Mar 06, 2005 7:31 pm
Location: Cardiff

Post by Gardening Taff » Mon Mar 07, 2005 11:16 am

Thanks Alan, I understand what you mean about an impending election.... but in the meantime I shall use http://www.faxyourmp.com/ to contact our MP and then give the Deputy PM something to read.

I've just been reading Hedgeline and have been shocked with the cost that the Welsh Assembly has slapped on complainants....anything to get more money into the coffers I suppose... :evil:

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