News

12 Oct 04

Clearing up Confusion Over High Hedges

The Borough of Poole would like to clarify the current situation regarding legislation relating to high hedges.

Recent information in the media relating to the detrimental impact of high hedges has led to complaints being received by Poole’s Environmental and Consumer Protection Services. However the legislation enabling action to be taken is not yet in force.

Part eight of The Antisocial Behaviour Act 2003 will relate to high hedges which materially interfere with a neighbour’s reasonable enjoyment of their property. Some guidance suggests this may simply be a lack of sun rather than lack of light. However the Government has yet to announce the date on which these powers will become effective.

When the new Act comes into force the complainant must have made all reasonable attempts to resolve the issue with the neighbour or owner of the trees. The Council will want to know dates and have copies of any correspondence between the two parties demonstrating that reasonable efforts have been made. Only after this may they request assistance from the local authority. A fee will be charged before officers conduct an investigation. The Council is now awaiting guidance from the Government in relation to charging before a fee is set.

Cllr Don Collier, Cabinet Portfolio Holder for the Environment, Borough of Poole, said: "A hedge has many benefits as a garden boundary, offering privacy and security. A hedge can encourage wildlife and can be a feature of beauty. However problems can occur if a hedge is allowed to grow unchecked. Hedges can overshadow neighbouring properties interfering with use and enjoyment. In recent years such hedges have been a common cause of dispute, occasionally leading to disorder."

Cllr Collier added: "It is unfortunate that despite raising the expectations of residents the Government have not yet implemented the legislation."

Rachael Mills, Media Relations Manager, Marketing Services, Borough of Poole, tel 01202 633295

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