(8-14)

House of Commons

Session 2002 - 03
Internet Publications
Other Bills before Parliament

(  8  )

“(3A)
Subsection (3B) applies if—

(a)
a police officer proposes to give a direction under

subsection (1) in relation to a person and land, and

(b)
it appears to him that the person has one or more caravans

in his possession or under his control on the land.

(3B)
The officer must consult every local authority within whose area

the land is situated as to whether there is a suitable pitch for the

caravan or each of the caravans on a relevant caravan site which is

situated in the local authority’s area.”
After Clause 65
42
Insert the following new Clause—

“PART 8A

HIGH HEDGES

Complaints to which this Part applies

(1)
This Part applies to a complaint which—

(a)
is made for the purposes of this Part by an owner or occupier of a

domestic property; and

(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 Part also applies to a complaint which—

(a)
is made for the purposes of this Part by an owner of a domestic

property 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).

(3)
In relation to a complaint falling within subsection (2), references in

sections (Procedure for dealing with complaints) and (Remedial notices) 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.

(4)
This Part does not apply to complaints about the effect of the roots of a high

hedge.

(5)
In this Part, in relation to a complaint —


“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

(  9  )

complaint, any other person who is for the time being an

owner or occupier 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


“the relevant authority” means the local authority in whose area that

land is situated.”
43
Insert the following new Clause—

“High hedges

(1)
In this Part “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) 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 ground level.

(3)
In this section “evergreen” means an evergreen tree or shrub or a semi-

evergreen tree or shrub.”
44
Insert the following new Clause—

“Domestic property

(1)
In this Part “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.

(2)
In subsection (1) “dwelling” means any building or part of a building

occupied, or intended to be occupied, as a separate dwelling.

(3)
A reference in this Part to a person’s reasonable enjoyment of domestic

property includes a reference to his reasonable enjoyment of a part of the

property.”
45
Insert the following new Clause—

“Procedure for dealing with complaints

(1)
This section has effect where a complaint to which this Part 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 matters complained of without proceeding by way of such a

complaint to the authority, or

(b)
that the complaint is frivolous or vexatious,

(  10  )


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

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 (Remedial notices),

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

mentioned in paragraph (b) of that subsection, they must as soon as is

reasonably practicable—

(a)
issue a remedial notice under section (Remedial notices)

implementing their decision;

(b)
send a copy of that notice to the following persons, namely—

(i)
every complainant; and

(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 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

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

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.

(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.”
46
Insert the following new Clause—

“Remedial notices

(1)
For the purposes of this Part a remedial notice is a notice—

(a)
issued by the relevant authority in respect of a complaint to which

this Part applies; and

(b)
stating the matters mentioned in subsection (2).

(  11  )

(2)
Those matters are—

(a)
that a complaint has been made to the authority under this Part

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

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 remains on the land; and

(e)
the consequences under sections (Offences) and (Action by relevant

authority) 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

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 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.

(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

(Withdrawal or relaxation of requirements of remedial notices); and

(b)
the operation of sections (Appeals against remedial notices and other

decisions of relevant authorities) to (Determination or withdrawal of

appeals) in relation to the notice.

(8)
While a remedial notice has effect, the notice—

(a)
shall be a local land charge; and

(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 Part—


“initial action” means remedial action or preventative action, or both;


“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.”
47
Insert the following new Clause—

(  12  )

“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.

(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

(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.”
48
Insert the following new Clause—

“Appeals against remedial notices and other decisions of relevant authorities

(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

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

(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 (Procedure for dealing with complaints)(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—

(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

(b)
in the case of any other appeal under this section, means the date of

the notification given by the relevant authority under section

(Procedure for dealing with complaints) or (Withdrawal or relaxation of

requirements of remedial notices) of the decision in question.

(  13  )

(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 pending the final determination or withdrawal of the appeal.

(7)
In this Part “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 Assembly for Wales.”
49
Insert the following new Clause—

“Appeals procedure

(1)
The appeal authority may by regulations make provision with respect to—

(a)
the procedure which is to be followed in connection with appeals to

that authority under section (Appeals against remedial notices and

other decisions of relevant authorities); 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 appeals may be made;

(b)
prescribing the manner in which appeals are to be made;

(c)
requiring persons making appeals to send copies of such

documents as may be prescribed to such persons as may be

prescribed;

(d)
requiring local authorities against whose decisions appeals are

made to send to the appeal authority such documents as may be

prescribed;

(e)
specifying, where a local authority are required by virtue of

paragraph (d) to send the appeal authority 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 a requirement imposed by the

regulations is to be complied with;

(g)
enabling such a period to be extended by the appeal authority;

(h)
for a decision on an appeal to be binding on persons falling within

section (Appeals against remedial notices and other decisions of relevant

authorities)(2) in addition to the person by whom the appeal was

made;

(i)
for incidental or ancillary matters, including the awarding of costs.

(3)
Where an appeal is made to the appeal authority under section (Appeals

against remedial notices and other decisions of relevant authorities) the appeal

authority may appoint a person to hear and determine the appeal on its

behalf.

(4)
The appeal authority may require such a person to exercise on its behalf

any functions which—

(a)
are conferred on the appeal authority in connection with such an

appeal by section (Appeals against remedial notices and other decisions

of relevant authorities) or (Determination or withdrawal of appeals) or by

regulations under this section; and

(b)
are specified in that person’s appointment;

(  14  )


and references to the appeal authority in section (Appeals against remedial

notices and other decisions of relevant authorities) or (Determination or

withdrawal of appeals) or in any regulations under this section shall be

construed accordingly.

(5)
The appeal authority may pay a person appointed under subsection (3)

such remuneration as it may determine.

(6)
Regulations under this section may provide for any provision of Schedule

20 to the Environment Act 1995 (c. 25) (delegation of appellate functions) to

apply in relation to a person appointed under subsection (3) with such

modifications (if any) as may be prescribed.

(7)
In this section, “prescribed” means prescribed by regulations made by the

appeal authority.”
50
Insert the following new Clause—

“Determination or withdrawal of appeals

(1)
On an appeal under section (Appeals against remedial notices and other

decisions of relevant authorities) the appeal authority may allow or dismiss

the appeal, either in whole or in part.

(2)
Where the appeal authority decides to allow such an appeal to any extent,

it may do such of the following as it considers appropriate—

(a)
quash a remedial notice or decision to which the appeal relates;

(b)
vary the requirements of such a notice; or

(c)
in a case where no remedial notice has been issued, issue on behalf

of the relevant authority a remedial notice that could have been

issued by the relevant authority on the complaint in question.

(3)
On an appeal under section (Appeals against remedial notices and other

decisions of relevant authorities) relating to a remedial notice, the appeal

authority may also correct any defect, error or misdescription in the notice

if it is satisfied that the correction will not cause injustice to any person

falling within section (Appeals against remedial notices and other decisions of

relevant authorities)(2).

(4)
Once the appeal authority has made its decision on an appeal under section

(Appeals against remedial notices and other decisions of relevant authorities), it

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 or correct the

requirements of such a notice, send copies of the notice as issued,

varied or corrected,


to every person falling within section (Appeals against remedial notices and

other decisions of relevant authorities)(2) and to the relevant authority.

(5)
Where, in consequence of the appeal authority’s decision on an appeal, a

remedial notice is upheld or varied or corrected, the operative date of the

notice shall be—

(a)
the date of the appeal authority’s decision; or

(b)
such later date as may be specified in its decision.

(6)
Where the person making an appeal under section (Appeals against remedial

notices and other decisions of relevant authorities) against a remedial notice