Hello my name is ***** ***** I will help you with this.
What is it you want to achieve please?Alex
Yes of course. Have you complained to the Council?
Ok, sadly the only thing you can do is go back to Court. You can sue for the damage, get them to remove the damage to the boundary and seek a Court order they remove the blockage of light.
You would need an injunction and potentially you could argue this was also harassment. That means they are indirectly harassing you for doing this.
You would need to complete form N1:
The Court would list the matter for hearing and decide whether to make the order making him take this down and stop harassing you.If the Court makes the order and he breaches it, this is contempt of Court and he would be warned, fined or sent to prison.
However I am surprised the Council are not doing anything, this could be anti social behaviour - therefore they could look at this.
Can I clarify anything for you about this today please?Alex
Thats what I suggested the Anti Social Behaviour Act may help. High Hedges / Trees Act does apply to evergreens. If the Council refuse to help then you should complain to the Chief Officer of the Council. That department is independent of the main part and can consider your complaint.
If they do not uphold it then you can complain to the Local Government Ombudsman. They are a separate body from the Council and can consider your complaint. Their website is: www.lgo.org.uk
Its not a small claim - an injunction is not small claim, its multi track and you would need representation.
Does that clarify?Alex
Yes County Court. It would be correct, you dont have to claim damages but it would still be County Court.Does that clarify? Alex
Yes based on what you have said.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Good luck Tony. All the best. Alex