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A | |
Bill | |
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 if— | |
(a) it is made for the purposes of this Act by the owner or occupier of any | |
domestic property, and | 5 |
(b) it 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 does not apply to complaints about the effect of the roots of a high | |
hedge. | 10 |
(3) In this Act, in relation to a complaint to which it applies— | |
(a) “the complainant” means the person by whom the complaint is made | |
or, if he is no longer the owner or occupier of the domestic property | |
specified in the complaint, any other person who is for the time being | |
the owner or occupier of that property; | 15 |
(b) “the neighbouring land” means the land on which the high hedge is | |
situated; and | |
(c) “the relevant authority” means the local authority in whose area that | |
land is situated. | |
(4) Subject to subsection (5), this Act applies to a complaint which— | 20 |
(a) is made for the purposes of this Act by the owner of any domestic | |
property that is for the time being unoccupied, and | |
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(b) alleges that the reasonable enjoyment of the property by a prospective | |
occupier of it 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). | |
(5) In relation to a complaint falling within subsection (4), any reference in section | 5 |
4 or 5 to the effect of the height of a high hedge on the complainant’s reasonable | |
enjoyment of any domestic property shall be read as a reference to the effect | |
that it would have on the reasonable enjoyment of the property by a | |
prospective occupier. | |
2 High hedges | 10 |
(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; | |
and | |
(b) rises to a height of more than two metres above ground level. | |
(2) For the purposes of subsection (1)— | 15 |
(a) “evergreen” means any evergreen tree or shrub or semi-evergreen tree | |
or shrub; and | |
(b) a line of trees or shrubs 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 ground level. | 20 |
3 Domestic property | |
(1) In this Act “domestic property” means— | |
(a) a dwelling, or | |
(b) a garden or yard which is used and enjoyed wholly or mainly in | |
connection with a dwelling. | 25 |
(2) In subsection (1) “dwelling” means any building or part of a building occupied, | |
or intended to be occupied, as a separate dwelling. | |
(3) Any reference in this Act to a person’s reasonable enjoyment of domestic | |
property includes a reference to his reasonable enjoyment of any part of such | |
property. | 30 |
Complaints procedure | |
4 Procedure for dealing with complaints | |
(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. | 35 |
(2) If the authority consider— | |
(a) that the complainant has not taken all reasonable steps to resolve the | |
matters complained of without proceeding by way of such a complaint | |
to the authority, or | |
(b) that the complaint is frivolous or vexatious, | 40 |
the authority may decide that the complaint should not be proceeded with. | |
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(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 | |
domestic property so specified; and | |
(b) if so, what action (if any) should be required to be taken in relation to | 5 |
that hedge, in pursuance of a remedial notice under section 5, with a | |
view to remedying the adverse effect or preventing its recurrence. | |
(4) The authority must, when acting under subsection (3), take into consideration | |
all matters appearing to be relevant, including in particular (so far as appearing | |
to be relevant)— | 10 |
(a) the extent to which the high hedge in question is capable of affording | |
(or, if reduced in height, would still be capable of affording) privacy to | |
an occupier of the neighbouring land, | |
(b) the extent to which that hedge contributes (or, if reduced in height, | |
would still contribute) to the amenity of the neighbourhood, and | 15 |
(c) any legal obligation (whether imposed by or under any enactment or | |
otherwise) relating to that hedge. | |
(5) If the authority decide under subsection (3) that action should be required to | |
be taken as mentioned in paragraph (b) of that subsection, they must as soon | |
as is reasonably practicable— | 20 |
(a) issue a remedial notice under section 5 implementing their decision; | |
(b) send a copy of that notice to the following persons, namely— | |
(i) the complainant, and | |
(ii) every person who is the owner or occupier of the neighbouring | |
land; and | 25 |
(c) notify each of those persons of the reasons for their decision. | |
(6) If the authority— | |
(a) under subsection (2) decide that the complaint should not be proceeded | |
with, or | |
(b) under subsection (3) decide either or both of the issues specified in that | 30 |
subsection otherwise 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. | |
(7) For the purposes of subsection (6)— | |
(a) the complainant is an appropriate person in relation to a decision | 35 |
falling within paragraph (a) or (b) of that subsection; and | |
(b) every person who is the owner or occupier of the neighbouring land is | |
an appropriate person in relation to a decision falling within paragraph | |
(b) of that subsection. | |
(8) A fee determined under subsection (1)(b) must not exceed the prescribed | 40 |
amount; and a fee received by a local authority by virtue of that provision may | |
be refunded by them in such circumstances as they may determine. | |
5 Remedial notices | |
(1) For the purposes of this Act a remedial notice is a notice— | |
(a) issued by the relevant authority in respect of a complaint to which this | 45 |
Act applies, and | |
(b) stating the matters mentioned in subsection (2). | |
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(2) Those matters are— | |
(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 | 5 |
adversely affecting the complainant’s reasonable enjoyment of the | |
domestic property specified in the notice; | |
(c) that such action as is specified in the notice must be taken in relation to | |
that hedge, with a view to remedying the adverse effect, before the end | |
of the compliance period; | 10 |
(d) (if the authority so decide) that, following the end of that period, such | |
action as is so specified must be taken in relation to that hedge, with a | |
view to preventing a recurrence of an adverse effect, so long as the | |
hedge remains on the land; and | |
(e) the consequence under sections 11 and 12 of a failure to comply with | 15 |
the notice. | |
(3) The action specified in a remedial notice for the purposes of subsection (2)(c) | |
or (d) may not involve— | |
(a) a reduction in the height of the hedge to less than two metres above | |
ground level, or | 20 |
(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 | |
on which it is to take effect. | 25 |
(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 | |
start to run on the operative date of the notice. | |
(7) Subsections (4) to (6) have effect in relation to a remedial notice subject to— | 30 |
(a) any variation or withdrawal of the notice under section 6, and | |
(b) the operation of any provision made by or under section 6(6) or 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 | 35 |
(b) shall be binding on any person who is for the time being the owner or | |
occupier of the land to which the notice relates. | |
6 Variation or withdrawal of remedial notices | |
(1) A remedial notice may be varied or withdrawn by the relevant authority in | |
pursuance of an application to the authority— | 40 |
(a) which is made, at any time after the notice is issued, jointly by— | |
(i) a person or persons falling within subsection (2)(a), and | |
(ii) a person or persons falling within subsection (2)(b); or | |
(b) which is made, at any time after the end of the compliance period, by a | |
person or persons falling within subsection (2) on the grounds that | 45 |
there has been a material change in circumstances. | |
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(2) The persons falling within this subsection are— | |
(a) any person who is the complainant, and | |
(b) any person who is the owner or occupier of the neighbouring land. | |
(3) Where the relevant authority have made their decision on an application under | |
subsection (1), they must as soon as is reasonably practicable— | 5 |
(a) notify each person falling within subsection (2) of the decision and their | |
reasons for it; and | |
(b) if the decision is to vary the notice, send each such person a copy of the | |
notice as varied by them. | |
(4) Subject to the operation in relation to the notice of any provision made by or | 10 |
under subsection (6) or sections 7 to 9— | |
(a) if the decision is to vary the notice, the notice shall have effect as varied | |
by the authority as from the date of the notification given by them | |
under subsection (3); and | |
(b) if the decision is to withdraw the notice, the notice shall cease to have | 15 |
effect as from that date. | |
(5) The withdrawal of a remedial notice does not prevent the relevant authority | |
issuing a further such notice in respect of the high hedge in question in | |
connection with any subsequent complaint. | |
(6) The Secretary of State may by regulations make provision with respect to— | 20 |
(a) the procedure to be followed in connection with— | |
(i) applications under subsection (1), and | |
(ii) decisions of relevant authorities on such applications; and | |
(b) other matters consequent on or connected with such applications or | |
decisions. | 25 |
(7) Regulations under subsection (6) may in particular— | |
(a) in connection with matters falling within paragraph (a) of that | |
subsection, make provision corresponding or similar to any provision | |
made by section 4; | |
(b) make provision with respect to the operation or effect of a remedial | 30 |
notice in any respect in a case where an application for the variation of | |
the notice is made under subsection (1)(a) before the end of the | |
compliance period; | |
(c) make provision for any decision made on an application by a person or | |
persons under subsection (1) to be binding on other persons falling | 35 |
within subsection (2). | |
Appeals | |
7 Appeal against remedial notice or decision of relevant authority | |
(1) Where the relevant authority— | |
(a) issue a remedial notice in accordance with section 4(5), or | 40 |
(b) under section 6 decide to vary or withdraw such a notice, or | |
(c) under section 6 decide to refuse an application under subsection (1) of | |
that section, | |
any person falling within subsection (2) may appeal to the Secretary of State | |
against the notice or decision. | 45 |
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(2) The persons falling within this subsection are— | |
(a) any person who is the complainant; and | |
(b) any person who is the owner or occupier of the neighbouring land. | |
(3) Where the relevant authority make a decision falling within section 4(6), the | |
complainant may appeal to the Secretary of State against the decision. | 5 |
(4) An appeal under this section must be made before— | |
(a) the end of the period of 28 days beginning with the relevant date, or | |
(b) such later time as the Secretary of State may in writing allow. | |
(5) In subsection (4) “the relevant date”— | |
(a) in the case of an appeal made in pursuance of subsection (1)(a), means | 10 |
the date on which the notice in question was issued; and | |
(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 in | |
respect of the decision in question. | |
(6) Where an appeal is duly made in pursuance of subsection (1)(a) or (b), the | 15 |
notice or (as the case may be) the decision in question shall be of no effect | |
pending the final determination or withdrawal of the appeal. | |
8 Appeals procedure | |
(1) The Secretary of State may by regulations make provisions with respect to— | |
(a) the procedure which is to be followed in connection with appeals under | 20 |
section 7, and | |
(b) other matters consequential on or connected with such appeals. | |
(2) Regulations under this section may, in particular, make provision— | |
(a) specifying the grounds on which such appeals may be made; | |
(b) prescribing the manner in which such appeals are to be made; | 25 |
(c) requiring persons making such appeals to send copies of such | |
documents as may be prescribed to such persons as may be prescribed; | |
(d) requiring authorities against whose decisions such appeals are to be | |
made to send to the Secretary of State such documents as may be | |
prescribed; | 30 |
(e) specifying, where an authority are required in pursuance of paragraph | |
(d) to send the Secretary of State a statement indicating the submissions | |
which they propose to put forward on the appeal, the matters to be | |
included in such a statement; | |
(f) prescribing the period within which any requirement imposed by the | 35 |
regulations is to be complied with, and enabling any such period to be | |
extended by the Secretary of State; | |
(g) dealing with cases where an application under section 6(1) and an | |
appeal under section 7 are made in respect of the same remedial notice; | |
(h) for any decision on an appeal made by a person falling within section | 40 |
7(2) to be binding upon other persons falling within that subsection; | |
(i) for any incidental or ancillary matters, including the awarding of costs. | |
(3) Where any appeal is made to him under section 7 the Secretary of State— | |
(a) shall appoint a person to hear and determine the appeal on his behalf, | |
and | 45 |
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(b) may require such a person to exercise on his behalf any functions | |
which— | |
(i) are conferred on him in connection with such an appeal by | |
section 7 or 9 or by regulations under this section, and | |
(ii) are specified in that person’s appointment; | 5 |
and references to the Secretary of State in section 7 or 9 or regulations under | |
this section shall be construed accordingly. | |
(4) The Secretary of State may, in the case of a person appointed under subsection | |
(3), pay him such remuneration as the Secretary of State may determine. | |
(5) Regulations under this section may provide for any provision of Schedule 20 | 10 |
to the Environment Act 1995 (c. 25) (delegation of appellate functions of | |
Secretary of State) to apply in relation to a person appointed under subsection | |
(3) with such modifications (if any) as may be prescribed. | |
9 Determination or withdrawal of appeals | |
(1) The Secretary of State may on an appeal under section 7 allow or dismiss the | 15 |
appeal in whole or in part. | |
(2) Where the Secretary of State decides to allow such an appeal to any extent, he | |
may— | |
(a) quash any remedial notice or decision to which the appeal relates, | |
(b) vary such a notice, or | 20 |
(c) where such a notice has not been issued by the relevant authority in | |
respect of the complaint in question, issue any such notice in respect of | |
it as could have been issued by that authority, | |
as he considers appropriate. | |
(3) For the purposes of this section— | 25 |
(a) subsection (4) of section 4 shall apply in connection with any decision | |
by the Secretary of State as to either of the issued specified in subsection | |
(3) of that section as it applies in connection with any decision of the | |
relevant authority under that subsection; and | |
(b) in section 5 references to the relevant authority shall (where the context | 30 |
permits) include a reference to the Secretary of State. | |
(4) Once the Secretary of State has made his decision on an appeal under section | |
7, he must as soon as is reasonably practicable— | |
(a) give a notification of the decision, and | |
(b) if the decision is to issue a remedial notice or to vary such a notice, send | 35 |
copies of the notice as issued or varied by him, | |
to every person falling within section 7(2) and to the relevant authority. | |
(5) Where, in consequence of the Secretary of State’s decision on an appeal, a | |
remedial notice is upheld or varied, the operative date of the notice shall be— | |
(a) the date of the Secretary of State’s decision, or | 40 |
(b) such later date as he may specify in his decision. | |
(6) Where the person making an appeal under section 7 against a remedial notice | |
withdraws his appeal, the operative date of the notice shall be the date on | |
which the appeal is withdrawn. | |
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