We also use non-essential cookies to help us improve our websites. Posted by alisdair mcgregor on May 2, 2019 at 12:55pm Hi all, I'm just starting out in the gardening business and have been asked to reduce a leylandii by a foot or so. If a hedge problem has been going on for some time, it may date back to well before the Act came into force. familiarise yourself with the latest version. Unfortunately, hedges are such a point of contention for many neighbours and we have seen arguments that last for years over one person’s opinion about the height, width and even darkness of the vegetation. If parts of a hedge qualify, the hedge will be eligible for an application for a high hedge notice. Normally, any measurements should be taken from the ground at the base of the trunks or stems of the trees or shrubs in the hedge. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. The Leyland cypress (× Cuprocyparis leylandii ) is widely used as a quick-growing and effective hedge or screen. These guidelines were created to help local authorities in England and Wales make decisions under the Anti-Social Behaviour Act 2003. Although the Act uses the term 'neighbouring land' to describe where the hedge is growing, the hedge does not have to be next door to the applicant's property. The attempts should show that the applicant has made a reasonable effort to settle the dispute in a reasonable timescale before applying for a notice (it is not possible to specify what is a reasonable timescale as this will depend on the circumstances of the case). 31. Is there a maximum height Leylandii are allowed to grow to - Answered by a verified Solicitor We use cookies to give you the best possible experience on our website. See chapter 3 of this guidance (Deciding whether a high hedge notice should be issued) for more information. Simply growing a hedge itself is not illegal, nor is owning a hedge which exceeds two metres in height. For a plant or tree to qualify as a “high hedge”, three tests must be satisfied:a) Top. An applicant can only apply for a high hedge notice if domestic property is negatively affected by a high hedge[15]. 40. A local authority is to be able to provide - and be seen to provide - an impartial assessment of an application for a High Hedge Notice. People may contact their local authority informally to discuss a possible application. forming a barrier to light (unless gaps in the hedge significantly reduce its overall effect as a barrier to light at heights of more than 2 metres above ground level). The applicant should keep a copy of any letters they have sent to their neighbour, with a record of their delivery, as the local authority will normally ask to see these letters as reasonable evidence of the applicant's own attempts to settle the dispute. Only once trees and shrubs are identified as forming a hedge can consideration be given to whether they form a high hedge. leylandii), these criteria may not apply. A tree or shrub that has several stems, all growing from the same trunk or root plate, is a single tree or shrub and so is not covered by the Act. People should check with their local authority about the availability and cost of local mediation services, although local authority officials dealing with high hedge applications do not provide mediation themselves. 60. The Act also applies to Crown land[17]. The trees or shrubs may be more widely spaced so their branches are not touching. There are other ways of extending a boundary’s height legally. out more about cookies, Local Government and Communities Directorate. Discussion and negotiation between the people involved in the dispute can continue while the local authority are considering a formal application. 51. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Your feedback will help us improve this site, High Hedges (Scotland) Act 2013: revised guidance 2019, 5: Meeting the conditions of a high hedge notice, Find 28. This is a way of settling differences by working with everyone involved in the dispute. Where a wider hedge is required, the plants may be planted up to 90 cm apart in two staggered rows. Bird nesting season and … Random Acts of Kindness and All things Positive! Both of these are myths which are often repeated, but are incorrect. The Act allows local authorities to refund fees under certain circumstances, where they consider a refund to be appropriate. The applicant may withdraw their application at any time before the local authority make their decision on a high hedge notice. 25. Formal hedges are commonly trimmed on an annual basis whilst informal hedges and hedges planted for wildlife are likely to be trimmed less regularly or on a cyclical basis whereby the sides and the top of the hedge are cut in different years. Applicants can contact Registers of Scotland[10] to find out if the land is registered. The Act applies to hedges and is not designed to affect woodland and forests. 46. The spacing of trees and shrubs consistent with hedge planting, The past and current management of trees and shrubs. 45. Due to the natural growth habit and dense foliage of these trees, a hedge may be formed without current or previous management practices. If the requirements of a high hedge set out in paragraphs (a) to (c) of subsection (1) are not met then the local authority should inform the person submitting the 'application' that it does not meet the requirements of the Act and so cannot be considered as an application under the Act. The Act only applies to hedges; for trees and shrubs to be considered as a 'high hedge', they must first be considered to form a hedge. The legislation is not intended to generate an income for local authorities. Despite this, now that the Act is in place, it is reasonable for a local authority to expect the person to have made another recent attempt to settle the dispute with their neighbour before making a formal application for a high hedge notice. Is it illegal to cut the hedge between me and my neighbour? Regular clipping of the mid-green, spray like citrus-scented foliage during midsummer and autumn, can turn Cupressocyparis leylandii into a magnificent, dense, formal garden hedge that is perfect for windbreak and noise reduction. Local authorities cannot accept applications relating to hedges less than 2 metres high. There is currently no legislation covering high hedges in either Northern Ireland or Scotland. The trees were not there when either I or the neighbour bought our properties. Other factors under the terms of the Wildlife and Countryside Act 1981 may have to be considered too. Even a 5ft/6ft reduction in height would help. But there is no general requirement that all hedges should be kept below a certain height. D. Delta99 Well-Known Member. Anyone considering applying for a high hedge notice must have tried to settle the issue with their neighbour before making an application. The Act also allows local authorities to issue their own guidance on what people must do before applying for a high hedge notice (pre-application requirements)[6]. However, the local authority shall visit the property to see the hedge before making a decision. 20. Simply growing a hedge itself is not illegal, nor is owning a hedge which exceeds two metres in height. The new laws follow years of promises from ministers in the wake of a Daily Mail campaign on leylandii, which can grow 3ft a year and up to 100ft high. 37. The trees or shrubs in the hedge may have been closely planted and become so entangled that they appear as a solid green wall. This applies even though the tree or shrub may grow to be large and cover a considerable area. A hedge is defined by the Oxford English Dictionary as: "A row of bushes or low trees (e.g. Deciding whether an application is eligible. It is the effect the hedge has on a domestic property that is important, rather than where the hedge is located, for example, an application could relate to a hedge situated on commercial land that affects residential property. 67. This one is about 50ft and puts my back garden in shade for much of the afternoon. Local authorities must publish information about circumstances under which they will refund fees[24]. Now they are great examples of thick, dense Leylandii hedges which provide shelter for our polytunnels and screen us from our neighbour. See our Care section for advice on how and when to trim your Leylandii hedge. 27. Likewise, excessively-large Leyland cypress hedges can shade gardens and dry the soil, making it difficult to grow other plants nearby. Examples of circumstances that may be taken into account include applicants who are low earners, registered disabled persons and pensioners. The local authority will decide whether the evidence they provide proves that they have made reasonable efforts to settle the dispute. Local authorities are encouraged to introduce concessionary rates for those who are in difficulty paying. 64. The Act does not make it illegal to grow leylandii and other fast-growing plants. The Act states[13] that an owner or occupier of a domestic property can apply to their local authority for a high hedge notice if they consider 'that the height of a high hedge situated on land owned or occupied by another person adversely affects the enjoyment of the domestic property which an occupant of that property could 'reasonably expect to have' ' (see paragraphs 80-83 for more information). The steps people should have taken before applying to the local authority will depend on the circumstances of the case. The Wildlife and Countryside Act 1981 controls where non-native plants can be planted and states that no non-native plant may be planted in the wild. Usually the first step for an applicant to take is to discuss the issue with their neighbour to try to settle the problem amicably. Applications where it is not clear who owns the land. In many parts of the country, the Scottish Mediation Network[7] provides low-cost access to mediation services. The legislation does not give the applicant permission to enter their neighbour's land to take any measurements. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. 30. An exception might be where the hedge has been planted on a mound, or in a flower bed or other container that is raised above the ground, in which case the height should be measured starting from original ground level taking into account the additional height of hedge due to any raised planting position. While the above definitions provide guidance on what would be considered a hedge, it is expected that hedges which meet the definition of a high hedge in the Act are likely to be made up of trees considerably larger in stature than the 'small trees' referred to.

is there a legal height for leylandii hedge

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