Complaints may be made against loss of light to garden or property or both
is made in respect of light loss to both property and garden and the calculated heights differ (based on a set of measuring formulae, e.g. length of garden, orientation of hedge) the lower of the two is taken. If this measurement is lower than the current height of the hedge then the Council may serve a Remedial Notice on the owner, under section 69 of the Act, requiring a reduction of the hedge to the calculated height. The remedial notice must specify the hedge it relates to, what action is required to be taken in relation to the hedge in order to remedy the adverse effect (Initial Action) and by when, what further action (Preventative Action), if any, is required to prevent recurrence of the adverse effect, what date the notice takes effect and the consequences of failure to comply with the requirements of the notice. The action specified in a remedial notice may not involve reducing the height of the hedge to below two metres, or its removal. Whilst the remedial notice remains in
force, there is an obligation on the local authority to register it as a local land charge. In addition, the notice is binding not only on whoever is the owner or
occupier of the land on which the hedge stands at the time it is issued but also on their successors. The notice remains in force until the hedge is removed or dies, or the notice is withdrawn, for example where the affected property ceases to be used for domestic purposes and the notice no longer has any practical effect. Appeals can be made to the Planning Inspectorate in the following instances and by the said persons:
• Against the issue of a remedial notice by: a) the complainant where he thinks the works specified aren't sufficient and b) the owner of the hedge where he thinks a notice should not have been served, thinks the requirements go to far and/or not enough time has been given to complete the works.
• Against the non issue of a remedial notice, by the complainant (or his successor) only, where he thinks the Council have got it wrong or the Council agreed the hedge is causing a problem but did not serve a notice.
• Against the withdrawal of a remedial notice, by the complainant (or his successor) only, where there was no agreement to the withdrawal, a new
notice has not been issued or nothing has altered sufficient to warrant withdrawal.
• Against the revision of a remedial notice by: a) the complainant (or his successor) if there was no agreement to the changes, nothing has changed since the issue of the original notice to warrant a revision or the proposed revision is sufficient to protect his amenity and b) the owner if there was no agreement to the changes or the revised works still go too far.
Further information available at:
http://www.communities.gov.uk/publications/pl anningandbuilding/hedgeheight
Prepared by a local authority Arboricultural Officer. Any views that may be expressed are those of the writer and does not represent those of his/her local authority.
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