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A | |
Bill | |
To | |
to make provision for dealing with complaints about high hedges; and for | |
connected purposes. | |
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:— | |
Introductory | |
1 Complaints to which this Act applies | |
(1) This Act applies to a complaint which— | |
(a) is made for the purposes of this Act by an owner or occupier of a | |
domestic property; and | 5 |
(b) alleges that his reasonable enjoyment of that property is being | |
adversely affected by the height of a high hedge situated on land | |
owned or occupied by another person. | |
(2) This Act also applies to a complaint which— | |
(a) is made for the purposes of this Act by an owner of a domestic property | 10 |
that is for the time being unoccupied, and | |
(b) alleges that the reasonable enjoyment of that property by a prospective | |
occupier of that property would be adversely affected by the height of | |
a high hedge situated on land owned or occupied by another person, | |
as it applies to a complaint falling within subsection (1). | 15 |
(3) In relation to a complaint falling within subsection (2), references in sections 4 | |
and 5 to the effect of the height of a high hedge on the complainant’s reasonable | |
enjoyment of a domestic property shall be read as references to the effect that | |
it would have on the reasonable enjoyment of that property by a prospective | |
occupier of the property. | 20 |
(4) This Act does not apply to complaints about the effect of the roots of a high | |
hedge. | |
(5) In this Act, in relation to a complaint — | |
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“complainant” means— | |
(a) a person by whom the complaint is made; or | |
(b) if every person who made the complaint ceases to be an owner | |
or occupier of the domestic property specified in the complaint, | |
any other person who is for the time being an owner or occupier | 5 |
of that property; | |
and references to the complainant include references to one or more of the | |
complainants; | |
“the neighbouring land” means the land on which the high hedge is | |
situated; and | 10 |
“the relevant authority” means the local authority in whose area that land | |
is situated. | |
2 High hedges | |
(1) In this Act “high hedge” means so much of a barrier to light or access as— | |
(a) is formed wholly or predominantly by a line of two or more evergreens; | 15 |
and | |
(b) rises to a height of more than two metres above ground level. | |
(2) For the purposes of subsection (1) a line of evergreens is not to be regarded as | |
forming a barrier to light or access if the existence of gaps significantly affects | |
its overall effect as such a barrier at heights of more than two metres above | 20 |
ground level. | |
(3) In this section “evergreen” means an evergreen tree or shrub or a semi- | |
evergreen tree or shrub. | |
3 Domestic property | |
(1) In this Act “domestic property” means— | 25 |
(a) a dwelling; or | |
(b) a garden or yard which is used and enjoyed wholly or mainly in | |
connection with a dwelling. | |
(2) In subsection (1) “dwelling” means any building or part of a building occupied, | |
or intended to be occupied, as a separate dwelling. | 30 |
(3) A reference in this Act to a person’s reasonable enjoyment of domestic | |
property includes a reference to his reasonable enjoyment of a part of the | |
property. | |
Complaints procedure | |
4 Procedure for dealing with complaints | 35 |
(1) This section has effect where a complaint to which this Act applies— | |
(a) is made to the relevant authority; and | |
(b) is accompanied by such fee (if any) as the authority may determine. | |
(2) If the authority consider— | |
(a) that the complainant has not taken all reasonable steps to resolve the | 40 |
matters complained of without proceeding by way of such a complaint | |
to the authority, or | |
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(b) that the complaint is frivolous or vexatious, | |
the authority may decide that the complaint should not be proceeded with. | |
(3) If the authority do not so decide, they must decide— | |
(a) whether the height of the high hedge specified in the complaint is | |
adversely affecting the complainant’s reasonable enjoyment of the | 5 |
domestic property so specified; and | |
(b) if so, what action (if any) should be taken in relation to that hedge, in | |
pursuance of a remedial notice under section 5, with a view to | |
remedying the adverse effect or preventing its recurrence. | |
(4) If the authority decide under subsection (3) that action should be taken as | 10 |
mentioned in paragraph (b) of that subsection, they must as soon as is | |
reasonably practicable— | |
(a) issue a remedial notice under section 5 implementing their decision; | |
(b) send a copy of that notice to the following persons, namely— | |
(i) every complainant, and | 15 |
(ii) every owner and every occupier of the neighbouring land; and | |
(c) notify each of those persons of the reasons for their decision. | |
(5) If the authority— | |
(a) decide that the complaint should not be proceeded with, or | |
(b) decide either or both of the issues specified in subsection (3) otherwise | 20 |
than in the complainant’s favour, | |
they must as soon as is reasonably practicable notify the appropriate person or | |
persons of any such decision and of their reasons for it. | |
(6) For the purposes of subsection (5)— | |
(a) every complainant is an appropriate person in relation to a decision | 25 |
falling within paragraph (a) or (b) of that subsection; and | |
(b) every owner and every occupier of the neighbouring land is an | |
appropriate person in relation to a decision falling within paragraph (b) | |
of that subsection. | |
(7) A fee determined under subsection (1)(b) must not exceed the amount | 30 |
prescribed in regulations made— | |
(a) in relation to complaints relating to hedges situated in England, by the | |
Secretary of State; and | |
(b) in relation to complaints relating to hedges situated in Wales, by the | |
National Assembly for Wales. | 35 |
(8) A fee received by a local authority by virtue of subsection (1)(b) may be | |
refunded by them in such circumstances and to such extent as they may | |
determine. | |
5 Remedial notices | |
(1) For the purposes of this Act a remedial notice is a notice— | 40 |
(a) issued by the relevant authority in respect of a complaint to which this | |
Act applies; and | |
(b) stating the matters mentioned in subsection (2). | |
(2) Those matters are— | |
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(a) that a complaint has been made to the authority under this Act about a | |
high hedge specified in the notice which is situated on land so | |
specified; | |
(b) that the authority have decided that the height of that hedge is | |
adversely affecting the complainant’s reasonable enjoyment of the | 5 |
domestic property specified in the notice; | |
(c) the initial action that must be taken in relation to that hedge before the | |
end of the compliance period; | |
(d) any preventative action that they consider must be taken in relation to | |
that hedge at times following the end of that period while the hedge | 10 |
remains on the land; and | |
(e) the consequences under sections 11 and 13 of a failure to comply with | |
the notice. | |
(3) The action specified in a remedial notice is not to require or involve— | |
(a) a reduction in the height of the hedge to less than two metres above | 15 |
ground level; or | |
(b) the removal of the hedge. | |
(4) A remedial notice shall take effect on its operative date. | |
(5) “The operative date” of a remedial notice is such date (falling at least 28 days | |
after that on which the notice is issued) as is specified in the notice as the date | 20 |
on which it is to take effect. | |
(6) “The compliance period” in the case of a remedial notice is such reasonable | |
period as is specified in the notice for the purposes of subsection (2)(c) as the | |
period within which the action so specified is to be taken; and that period shall | |
begin with the operative date of the notice. | 25 |
(7) Subsections (4) to (6) have effect in relation to a remedial notice subject to— | |
(a) the exercise of any power of the relevant authority under section 6; and | |
(b) the operation of sections 7 to 9 in relation to the notice. | |
(8) While a remedial notice has effect, the notice— | |
(a) shall be a local land charge; and | 30 |
(b) shall be binding on every person who is for the time being an owner or | |
occupier of the land specified in the notice as the land where the hedge | |
in question is situated. | |
(9) In this Act— | |
“initial action” means remedial action or preventative action, or both; | 35 |
“remedial action” means action to remedy the adverse effect of the height | |
of the hedge on the complainant’s reasonable enjoyment of the | |
domestic property in respect of which the complaint was made; and | |
“preventative action” means action to prevent the recurrence of the | |
adverse effect. | 40 |
6 Withdrawal or relaxation of requirements of remedial notices | |
(1) The relevant authority may— | |
(a) withdraw a remedial notice issued by them; or | |
(b) waive or relax a requirement of a remedial notice so issued. | |
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(2) The powers conferred by this section are exercisable both before and after a | |
remedial notice has taken effect. | |
(3) Where the relevant authority exercise the powers conferred by this section, | |
they must give notice of what they have done to— | |
(a) every complainant; and | 5 |
(b) every owner and every occupier of the neighbouring land. | |
(4) The withdrawal of a remedial notice does not affect the power of the relevant | |
authority to issue a further remedial notice in respect of the same hedge. | |
Appeals | |
7 Appeals against remedial notices and other decisions of relevant authorities | 10 |
(1) Where the relevant authority— | |
(a) issue a remedial notice, | |
(b) withdraw such a notice, or | |
(c) waive or relax the requirements of such a notice, | |
each of the persons falling within subsection (2) may appeal to the appeal | 15 |
authority against the issue or withdrawal of the notice or (as the case may be) | |
the waiver or relaxation of its requirements. | |
(2) Those persons are— | |
(a) every person who is a complainant in relation to the complaint by | |
reference to which the notice was given; and | 20 |
(b) every person who is an owner or occupier of the neighbouring land. | |
(3) Where the relevant authority decide either or both of the issues specified in | |
section 4(3) otherwise than in the complainant’s favour, the complainant may | |
appeal to the appeal authority against the decision. | |
(4) An appeal under this section must be made before— | 25 |
(a) the end of the period of 28 days beginning with the relevant date; or | |
(b) such later time as the appeal authority may allow. | |
(5) In subsection (4) “the relevant date”— | |
(a) in the case of an appeal against the issue of a remedial notice, means the | |
date on which the notice was issued; and | 30 |
(b) in the case of any other appeal under this section, means the date of the | |
notification given by the relevant authority under section 4 or 6 of the | |
decision in question. | |
(6) Where an appeal is duly made under subsection (1), the notice or (as the case | |
may be) withdrawal, waiver or relaxation in question shall not have effect | 35 |
pending the final determination or withdrawal of the appeal. | |
(7) In this Act “the appeal authority” means— | |
(a) in relation to appeals relating to hedges situated in England, the | |
Secretary of State; and | |
(b) in relation to appeals relating to hedges situated in Wales, the National | 40 |
Assembly for Wales. | |
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