Issue - meetings

Anti-Social Behaviour Act - High Hedges Provisions

 

 

Meeting: 27/01/2010 - Weekly Bulletin (Item 15.)

WILLINGHAM: 90 Earith Road, High Hedge Remedial Notice

The Planning Enforcement Sub-Committee noted the intention of the owner of the hedge to comply, by 1 March 2010, with the terms of the Remedial Notice, issued on 15 May 2007. Failing such compliance, and subject to advice from the Council’s Ecology officer relating to the bird-nesting season, the Sub-Committee authorised officers to take immediate direct action.

Meeting: 09/06/2005 - Cabinet (Item 7)

7 Anti-social Behaviour Act - High Hedges Provisions pdf icon PDF 218 KB

Decision:

Cabinet

 

RESOLVED

(a)

That the proposed process for the administration of high hedge complaints (Appendix 1 to the report) be adopted;

(b)

That the scheme of delegated powers to officers (Appendix 2 to the report) be approved;

(c)

That the fee charged in respect of complaints under the high hedges provisions of the Anti-Social Behaviour Act 2003 be £450 where there has been no formal mediation;

(d)

That where formal mediation has been undertaken, the fee be reduced, equivalent to the costs of the mediation, up to a maximum reduction of £150, subject to provision of evidence of the attempt and failure of the mediation and its cost.

Minutes:

The Planning and Economic Development Portfolio Holder advised that the proposed fees for the Council to deal with complaints about high hedges were pitched with the aim of encouraging negotiations between neighbours.  There were provisions for reduction in fees in the case of hardship, but the circumstances of someone who could not afford to have work carried out could not be covered in these procedures.

 

In view of the current financial circumstances, the Leader requested the deletion of the recommendation to authorise a new part-time high hedges enforcement post  should the number of cases exceed the equivalent of 1 day per week; for Cabinet to consider if the circumstances arose.  This was accepted by the Portfolio Holder as long as the position was kept under review, and Cabinet

 

RESOLVED

(a)

That the proposed process for the administration of high hedge complaints (Appendix 1 to the report) be adopted;

(b)

That the scheme of delegated powers to officers (Appendix 2 to the report) be approved;

(c)

That the fee charged in respect of complaints under the high hedges provisions of the Anti-Social Behaviour Act 2003 be £450 where there has been no formal mediation;

(d)

That where formal mediation has been undertaken, the fee be reduced, equivalent to the costs of the mediation, up to a maximum reduction of £150, subject to provision of evidence of the attempt and failure of the mediation and its cost.

Meeting: 13/05/2005 - Development and Conservation Control Committee (see also Planning Committee) (Item 38)

38 Anti-social Behaviour Act: 2003 - Implementation of high hedges provisions pdf icon PDF 242 KB

Decision:

Approved the recommendations set out at paragraph 50 (a), (d) and (e).  Recommended that Cabinet approve recommendations (b) and (c). 

Minutes:

The Committee considered a report on the implications of the enactment of Section 8 of the Anti-Social Behaviour Act relating to high hedges’ control and enforcement,  and outlining a protocol for dealing with such complaints, until the full resource implications had been determined.  The Council would not expect there to be any applications until at least September 2005, thus allowing individuals a three-month period in which to assess the implications of involving the Authority in such matters.

 

The Conservation Manager said that Section 8 should be seen as a last resort, with the Council encouraging the private resolution of neighbour disputes arising out of the presence of high hedges.

 

Members requested that parish councils be kept informed of any issues flowing from this part of the Act, short of formal consultation.

 

Members discussed the extent to which the legislation could be enforced, and concluded that it was not relevant in the case of root systems.

 

The Head of Legal Services commented on specific aspects of the proposed scheme of delegation.

 

 It was RESOLVED

 

(1)

that the protocol for dealing with complaints about High Hedges, under Section 8 of the Anti-Social Behaviour Act 2003, as outlined in the report from the Director of Development Services, be endorsed;

 

(2)

that the scheme of delegation of powers to officers, as set out in Appendix 1 to the report  be approved, subject to the removal of all references to the Head of Legal Services and Solicitors who, in the usual way, would be instructed by the Director of Development Services, if required; and

 

(3)

That a full refund be given of the fee paid where a Tree Preservation Order is placed on the hedge in question; and

 

It was RECOMMENDED that Cabinet

 

(1)

Sets a fee of £450 (to be reviewed annually)  in respect of complaints under these provisions  if there has been no formal mediation;

 

(2)

That, in the event of the number of received cases exceeding the equivalent of one day a week, assessed during an initial three-month period, a new post of a High Hedges Enforcement Officer be established, financed by the receipt of fees; and

 

(3)

That, In the event that formal mediation has been undertaken, there should be a reduction in the fee, equivalent to the costs incurred by attempting formal mediation, up to a maximum reduction of £150, subject to there being evidence of such formal mediation and the cost thereof.

Meeting: 21/04/2004 - Conservation and Design Advisory Group (Item 9)

Consultation on the Proposed High Hedges Procedure (Part 8 Anti-Social Behaviour Act 2003)

Minutes:

The Trees and Landscape Officer gave a verbal summary of the main aspects of Part 8 of the Anti-Social Behaviour Act 2003.

 

Members expressed concern about the practicalities and financial implications of this new responsibility placed on local planning authorities.