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Amendments to the Anti-Social Behaviour Bill

Anti-Social Behaviour Bill



After Clause 55



Insert the following new Clause—
"High hedges
Remedial notices
(1)  This section applies where a local authority is satisfied that a high hedge is adversely affecting the amenity of the area.
(2)  The authority may serve a notice (a "remedial notice") on every person who is the owner or occupier of the land on which the hedge is situated imposing the requirement mentioned in subsection (3).
(3)  That requirement is a requirement to take action in relation to the hedge to remedy the adverse effect within a period specified in the notice being not less than 28 days beginning with the day on which the notice is served.
(4)  If any owner or occupier of the land on whom a notice under subsection (2) was served fails to take the action required by the notice within the period specified in it for compliance with it, he shall be guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.
(5)  In this section "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.
(6)  For the purposes of subsection (5), 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.
(7)  In this section "evergreen" means an evergreen tree or shrub or a semi-evergreen tree or shrub."

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22 July 2003