Hedges (Control) Bill
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Subject hedges in residential areas to local authority planning control.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
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| Ownership of hedges. |
1. - (1) The provisions of this section shall have effect for the purposes of this Act, to determine who has the rights and duties of ownership in relation to any hedge; and for the purposes of this Act, a hedge shall be taken to include any woody plant forming all or part of it.
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(2) A woody plant forming part of a hedge, in this Act referred to as a hedge plant, shall be taken to be part of the land on which it is growing.
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(3) For the purposes of subsection (2) above, a plant shall be taken to be growing on the land that surrounds the base of the trunk at ground level.
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(4) Where a plant is growing such that the land referred to in subsection (2) falls within two or more parcels of land in separate ownership, it shall be taken to be owned in common by the owners of all those parcels of land.
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| Hedges on property boundaries. |
2. - (1) After section 215 (power to require proper maintenance of land) of the Town and Country Planning Act 1990, there shall be inserted the following new section-
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| "Power to require proper maintenance of boundary hedges. |
215A. - (1) If it appears to the local planning authority that the amenity of a part of their area, or of any adjoining area, being an area that is wholly or predominantly in residential use, is adversely affected by the condition of any hedge in their area, they may issue a notice under this section.
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(2) A copy of a notice under this section shall be served on all the owners of the hedge concerned, and the ownership of the hedge shall for this purpose be determined in accordance with the provisions of the Hedges (Control) Act 1999.
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(3) The notice shall require such steps for remedying the harm to amenity as may be specified in the notice to be taken within such period as may be so specified.
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(4) Subject to the following provisions of this Chapter, the notice shall take effect at the end of such period as may be specified in the notice.
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(5) That period shall not be less than 28 days after the issue of the notice.".
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(2) After section 179 (notice requiring proper maintenance of land) of the Town and Country Planning (Scotland) Act 1997, there shall be inserted the following new section-
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| "Notice requiring proper maintenance of boundary hedges. |
179A. - (1) If it appears to a planning authority that the amenity of any part of their district, or of an adjoining district, being an area that is wholly or predominantly in residential use, is adversely affected by the condition of any hedge in their area, they may issue a notice under this section.
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(2) A copy of a notice under this section shall be served on all the owners of the hedge concerned, and the ownership of the hedge shall for this purpose be determined in accordance with the provisions of the Hedges (Control) Act 1999.
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(3) The notice shall require such steps for remedying the harm to amenity as may be specified in the notice to be taken within such period as may be so specified.
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(4) Subsections (3) to (6) of section 179 apply to a notice issued under this section as they apply to one issued under that section.".
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| Consequential provisions. |
3. - (1) The amendments to the Town and Country Planning Act 1990 in Part I to the Schedule shall have effect, being-
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(a) amendments to introduce a right of appeal to the Secretary of State, against notices under section 215A of that Act; and |
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(b) other minor and consequential amendments relating to notices under section 215 and 215A. |
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(2) The amendments to the Town and Country Planning (Scotland) Act 1997 in Part II to the Schedule shall have effect, being-
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(a) amendments to introduce a power for a planning authority to institute a prosecution for non-compliance with a notice under section 179A of that Act, and to carry out works in default of compliance with such notices; and |
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(b) other minor and consequential amendments relating to notices under section 179 and 179A. |
| Tree preservation orders. |
4. - (1) In subsection (6) of section 198 (power to make tree preservation orders) of the Town and Country Planning Act 1990, after paragraph (a) there shall be inserted the following new paragraph-
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"(aa) to the cutting down, uprooting, topping or lopping of any trees in compliance with a notice under section 215A of this Act, or". |
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(2) In paragraph (b) of subsection (6) of section 160 (power to make tree preservation orders) of the Town and Country Planning (Scotland) Act 1997, after the word "nuisance," there shall be inserted the words "or as a result of a notice under section 179A of this Act,".
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| Expenses. |
5. There shall be paid out of money provided by Parliament any expenses attributable to this Act in the sums payable under any other enactment.
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| Short title, commencement and extent. |
6. - (1) This Act may be cited as the Hedges (Control) Act 1999.
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(2) The provisions of this Act other than this section shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint; and different days may be appointed for different purposes.
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(3) This Act does not extend to Northern Ireland.
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