This appears overly complicated. Surely all it needs is for the Council to go and get evidence to show the hedge is a nuisance and then order the offender to cut it down?
A. That’s not the way the law works. There is no offence for having a tall hedge. So it’s not up to the Council to prove the hedge is a nuisance. Their job, in the words of the Act, is to decide whether the hedge is adversely affecting your reasonable enjoyment of your property and, if so, what action – if any – should be taken to remedy the situation or to prevent it happening again. The use of the word ‘reasonable’ is important. It means that the Council cannot just take into account your concerns. They must also consider your neighbour’s point of view and think about the consequences for the neighbourhood. For example, the hedge might help to make the area an attractive and pleasant place to live. The Council have to weigh up all relevant information before reaching a fair and balanced decision. Collecting written evidence from you and your neighbour, and visiting the site, will make sure that the Council have the information they need to make the right decision.
Related Questions
- This appears overly complicated. Surely all it needs is for the Council to go and get evidence to show the hedge is a nuisance and then order the offender to cut it down?
- Who needs Forest Stewardship Council (FSC) Chain-of-Custody (CoC) certification?
- What action can the council take about noise nuisance?
