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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Customer Question

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Submitted: 5 months ago.
Category: Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you with this.

Have you complained any further please?
Alex

Customer: replied 5 months ago.
Email reply will do
Expert:  Ash replied 5 months ago.

Have you complained any further to the Council please?

Customer: replied 5 months ago.
I submitted the complaint form so they would act but state that the act only applies to evergreen/ semi evergreen.
Could you advise if this is the case. The act as I understand is Tree and High Hedge Act 2005. Legal clarification at this stage would suffice.
Expert:  Ash replied 5 months ago.

The term ‘high hedges’ was subjective until it was defined by the Anti-Social Behaviour Act 2003: Part 8 in 2005. This is a summary of what constitutes a high hedge under the law:

  • The hedge is more than 2m (approx 6½ft) tall (there is extra guidance for hedge heights on slopes)
  • A hedge is defined as a line of two or more trees or shrubs
  • The hedge is formed wholly or predominantly of evergreens (these don’t lose their leaves in winter) or semi-evergreenones (that stay green most of the year)
  • Bamboo and ivy are not included
  • Where a hedge is predominantly evergreen, the deciduous trees and shrubs within the hedge may be included in the work specified. However, a council can exclude specific trees or require different work

Can I clarify anything for you about this today please?
Alex

Customer: replied 5 months ago.
I have all the information you indicate relating to high hedges. my question is how the law covers trees within this light blocking situation. Surely it cannot be specific to hedges. Trees cause a similar obstruction. Is the act entitled
' Trees and High Hedges Act 2005' Is there more information relating specifically to trees in the act?
Expert:  Ash replied 5 months ago.

A hedge or two or more trees. A single tree is not covered.

Does that clarify?
Alex

Customer: replied 5 months ago.
The trees concerned which are a continuous row with out gaps are sycamore which are deciduous and therefore not semi evergreen. Sun Light is denied in my garden all of the summer when the tree is in full leaf. In winter when leaves fall the problem does not occur. It seams daft that they should be excluded from the Act. I will try to pressure the council on the Anti-social Behaviour Act and Right to LIght Act 1959. Maybe involving the local press may help. I cannot be alone with this problem
Expert:  Ash replied 5 months ago.

I Agree. If the Council wont do anything then you can complain to the Local Government Ombudsman.

They are a free service, independent and can examine your complaint for free. Their website is: www.lgo.org.uk

If there is more than 1 tree its covered by the Act.
Can I clarify anything else for you?
Alex

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