High Hedges Legislation

Collaborate
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Re: High Hedges Legislation

Post by Collaborate » Wed Apr 11, 2018 4:03 pm

You have complained about loss of light and view. There is no realistic remedy if the high hedges legislation cannot deal with it. No one has a right to a view. You can establish a right to light by prescription, but that requires the window to have had the benefit of "sufficient light according to the ordinary notions of mankind" for 20 years, and I suspect that establishing what is sufficient light according to the ordinary notions of mankind will take in to account what the high hedges rules allow.

Frede
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Re: High Hedges Legislation

Post by Frede » Wed Apr 11, 2018 5:33 pm

Hi Abrborlad

My neighbours return my letters, do not wish to speak to me but I persevere in trying to deal with the problems politely and they are unpleasant They want privacy to their complete satisfaction. Unfortunately that would appear to be where they cannot see our house and they do not want us to see theirs. Terrain is lower on their side a bit higher on ours but they plant on a banked area at the top - hedging, and conifers in front of that. Conifers are a real worry.

The species of conifers in parts will cover our house altogether as time goes on. We have a gardener (only very small garden but my husband has serious probs and I am not young) to help me out with the gardening who knows trees and is is pretty shocked by how much they have grown now. However, due to the species he is even more concerned for us should they grow any more.

TO
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Re: High Hedges Legislation

Post by TO » Thu Apr 12, 2018 7:59 pm

arborlad wrote:
Wed Apr 11, 2018 1:32 pm
There are always alternatives too the High hedge Legislation...
Other than illegal acts, out of the question, discussing the issues and agreeing a compromise, tried to no avail, living with it, not what the OP wants, what are the alternatives.

To get your right to light you have to demonstrate that you have had 20 years of uninterrupted light of a sufficient level. That's difficult as trees and hedges grow slowly reducing light gradually.

In planning legislation you have no right to a view. However, the high hedges legislation is not planning legislation, and does provide for a right to a view.

The choices are; cut back to the boundary all the encroachment, live with it, high hedge complaint. The first two won't deal with the problem. The latter might, or might not, deal with the problem. That's it.

Frede
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Re: High Hedges Legislation

Post by Frede » Thu Apr 12, 2018 8:18 pm

Arborlad
I appreciate your help - thank you!

Frede
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Re: High Hedges Legislation

Post by Frede » Tue Apr 24, 2018 3:37 pm

Hi,

Just a small query:

When carrying out calculations for the garden area for High Hedges, it is often said the whole garden is taken into account. However, if the hedge cannot be seen by the whole garden, say for example it is at a 45 degree angle at the side of the property and in no way can this hedge be seen at the front of the property why would this be? It would appear not to be to the complainants advantage to have the whole garden taken into account as the lesser figure is taken for the AHH be it the garden area or the hedge, i.e., 2 separate calculations, lesser one taken.

Frede
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Re: High Hedges Legislation

Post by Frede » Wed Apr 25, 2018 10:52 am

Hi

Any High Hedge administrator's out there who can answer me the above question? I am trying to assess the situation in going through High Hedges Legislation. As they say - be prepared! It looks as though this is my only option though.

TO
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Re: High Hedges Legislation

Post by TO » Thu Apr 26, 2018 6:52 am


Frede
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Re: High Hedges Legislation

Post by Frede » Thu Apr 26, 2018 10:33 am

Thank you TO.

My interpretation is, judging by the diagrams, no you do not include the garden area where the hedge cannot be seen - in this case the front of the property. Could I be mistaken?

TO
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Re: High Hedges Legislation

Post by TO » Thu Apr 26, 2018 2:00 pm

Correct.

Frede
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Re: High Hedges Legislation

Post by Frede » Thu Apr 26, 2018 5:58 pm

Dear TO:

I am correct in my interpretation - Wow! Many thanks. I would send you a smilie but regretfully I do not seem to be able to do it correctly, :)

Frede
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Re: High Hedges Legislation

Post by Frede » Mon Jul 16, 2018 10:52 am

My High Hedge Application has been turned down. Apart from Judicial Review can one complain to the LGO? If so is the time scale 28 days?

despair
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Re: High Hedges Legislation

Post by despair » Mon Jul 16, 2018 3:00 pm

Frede on what grounds have they turned your application down ?

Seems bizarre given what you have written but without photos and a tual measurements its hard to understand the impact

Frede
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Re: High Hedges Legislation

Post by Frede » Mon Jul 16, 2018 8:02 pm

Hi Despair

Thank you very much for responding to my message. It is very complicated case but when a case is turned down there is the option to go to judicial review and that is the only option given in writing. I just wondered if complaining to the LGO was an option if one should complain.

APC
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Re: High Hedges Legislation

Post by APC » Tue Jul 17, 2018 10:19 pm

Hi, did they go as far as to investigate your high hedge complaint and issue a decision notice? If so, your appeal would be to the Planning Inspectorate, see here: https://www.gov.uk/appeal-high-hedges-decision.

If not, then it sounds like it was not validated in which case they should explain the reason for this. I don't think you can appeal against that though as it's not a decision nor is the council compelled to investigate your complaint even if you want to pay.

Frede
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Re: High Hedges Legislation

Post by Frede » Wed Jul 18, 2018 11:35 am

Hi APC

Thank you for your response - yes, the case was turned down but they came up to have a look at the situation. They did not do a formal report. Strange why they talk about Judicial Review. Reasoning being if it is felt the Act was not applied properly or unfair. Just as a matter of interest what is the time scale for applying for judicial review. Is it 6 weeks or 3 months? Anyone know?

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