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Pledge Watch: Cutting hedges | Pledge Watch: Cutting hedges |
(about 3 hours later) | |
By Justin Parkinson Political reporter, BBC News | By Justin Parkinson Political reporter, BBC News |
Politicians love announcing new initiatives. In this series we pluck a pledge from the archives. And see what happened next... | Politicians love announcing new initiatives. In this series we pluck a pledge from the archives. And see what happened next... |
Disputes about high hedges have led to violence - and even death | Disputes about high hedges have led to violence - and even death |
To some they are a pest. To others they are objects of beauty. | To some they are a pest. To others they are objects of beauty. |
Nothing divides people, both physically and emotionally, like fast-growing hedges. | Nothing divides people, both physically and emotionally, like fast-growing hedges. |
Leylandii, in particular, can reach 100ft in height, blocking out light, restricting views and even damaging nearby gardens. | Leylandii, in particular, can reach 100ft in height, blocking out light, restricting views and even damaging nearby gardens. |
Neighbourly disputes over high hedges appeared frequently in the media a few years ago. Sometimes there were tales of violence - in a few cases of people being killed. | Neighbourly disputes over high hedges appeared frequently in the media a few years ago. Sometimes there were tales of violence - in a few cases of people being killed. |
So, in 2003, the government promised to give those aggrieved by aggressive greenery a chance to act. | So, in 2003, the government promised to give those aggrieved by aggressive greenery a chance to act. |
It said the Anti-Social Behaviour Bill would be amended to deal with the problem. | It said the Anti-Social Behaviour Bill would be amended to deal with the problem. |
'Weapon of choice' | 'Weapon of choice' |
Yvette Cooper, a minister in the Office of the Deputy Prime Minister at the time, said: "High hedges can make people's lives a complete misery and can be just as distressing as anti-social behaviour like graffiti." | Yvette Cooper, a minister in the Office of the Deputy Prime Minister at the time, said: "High hedges can make people's lives a complete misery and can be just as distressing as anti-social behaviour like graffiti." |
The Anti-Social Behaviour Act of 2003 allowed councils to intervene in disputes, imposing fines of up to £1,000. | The Anti-Social Behaviour Act of 2003 allowed councils to intervene in disputes, imposing fines of up to £1,000. |
But changing the law was laborious. | But changing the law was laborious. |
Labour MP Stephen Pound, who was instrumental in getting the legislation through Parliament, told the BBC: "The problem was that British planning law is great when you are building something. It's hopeless when dealing with what you call the 'organic environment'. | Labour MP Stephen Pound, who was instrumental in getting the legislation through Parliament, told the BBC: "The problem was that British planning law is great when you are building something. It's hopeless when dealing with what you call the 'organic environment'. |
"If you want to erect a 30ft concrete statue of a tree in your garden, you need planning permission. If you want to grow a hedge of that size, blocking people's light out, you don't need any. | "If you want to erect a 30ft concrete statue of a tree in your garden, you need planning permission. If you want to grow a hedge of that size, blocking people's light out, you don't need any. |
"So, for many people who hated their neighbours, leylandii became a weapon of choice, as much as a gun or a knife. Feelings ran high on the issue. | "So, for many people who hated their neighbours, leylandii became a weapon of choice, as much as a gun or a knife. Feelings ran high on the issue. |
It's a damn site better than it was. There have been no more deaths over hedge disputes since the law came in Stephen Pound, Labour MP | It's a damn site better than it was. There have been no more deaths over hedge disputes since the law came in Stephen Pound, Labour MP |
"The whole business of passing anything on high hedges into law was very difficult and painstaking. | "The whole business of passing anything on high hedges into law was very difficult and painstaking. |
"It even took us 18 months to get to a definition of what constitutes a high hedge. We had experts working out lines of sight from the sun. We also had chemists working out how much alkali leylandii suck out of the ground, turning neighbours' gardens acidic and killing plants." | "It even took us 18 months to get to a definition of what constitutes a high hedge. We had experts working out lines of sight from the sun. We also had chemists working out how much alkali leylandii suck out of the ground, turning neighbours' gardens acidic and killing plants." |
Mr Pound, MP for Ealing North, and his allies faced an unexpected vested - or un-vested - interest along the way. | Mr Pound, MP for Ealing North, and his allies faced an unexpected vested - or un-vested - interest along the way. |
He said: "The naturists didn't want leylandii to go - and who can blame them?" | He said: "The naturists didn't want leylandii to go - and who can blame them?" |
Despite their naked fury, the law on high hedges came into effect in 2005. So what changed? | Despite their naked fury, the law on high hedges came into effect in 2005. So what changed? |
The law now stipulates that councils should only be approached when neighbours have "tried and exhausted" every other means of resolving the dispute - from chatting through the garden hedge to seeking help from citizens' advice. | The law now stipulates that councils should only be approached when neighbours have "tried and exhausted" every other means of resolving the dispute - from chatting through the garden hedge to seeking help from citizens' advice. |
It also states that hedges have to be above two metres in height before neighbours can make a complaint. | It also states that hedges have to be above two metres in height before neighbours can make a complaint. |
'Uninterrupted light' | 'Uninterrupted light' |
And, to the annoyance of complainants, most local authorities charge a fee for looking into grievances. | And, to the annoyance of complainants, most local authorities charge a fee for looking into grievances. |
It might be said that the government's guidelines have the flavour of Chamberlain rather than Churchill. | It might be said that the government's guidelines have the flavour of Chamberlain rather than Churchill. |
The say: "The local authority cannot require the hedge to be removed. The legislation does not guarantee access to uninterrupted light." | The say: "The local authority cannot require the hedge to be removed. The legislation does not guarantee access to uninterrupted light." |
It is also advised that a "local authority does not automatically take action, unless a justifiable complaint is made". | It is also advised that a "local authority does not automatically take action, unless a justifiable complaint is made". |
The guidelines add: "If you complain to your local authority, it does not follow automatically that they will order your neighbour to reduce the height of their hedge. They have to weigh up all the issues and consider each case on its merits." | The guidelines add: "If you complain to your local authority, it does not follow automatically that they will order your neighbour to reduce the height of their hedge. They have to weigh up all the issues and consider each case on its merits." |
With many owners proud of their hedges and the need to keep both sides happy in neighbourly disputes, councils have - by necessity - become last-chance mediators rather than crusaders. | With many owners proud of their hedges and the need to keep both sides happy in neighbourly disputes, councils have - by necessity - become last-chance mediators rather than crusaders. |
'Postcode lottery' | 'Postcode lottery' |
When the bill was passed, the pressure group Hedgeline said: "Although the new law will allow hedge victims to submit official complaints to local authorities, the non-refundable fees charged by some councils will be a major obstacle." | When the bill was passed, the pressure group Hedgeline said: "Although the new law will allow hedge victims to submit official complaints to local authorities, the non-refundable fees charged by some councils will be a major obstacle." |
So, has it worked? | So, has it worked? |
As individual councils handle the matter, the government has no record of how many leylandii and others have been chopped back as a result of the 2003 act. | As individual councils handle the matter, the government has no record of how many leylandii and others have been chopped back as a result of the 2003 act. |
But, anecdotally, there appears to have been some movement. | But, anecdotally, there appears to have been some movement. |
Nancy, a pensioner and a longstanding Hedgeline member, told the BBC: "It has definitely been an improvement on how it was. | Nancy, a pensioner and a longstanding Hedgeline member, told the BBC: "It has definitely been an improvement on how it was. |
"But, if we complain, we have to pay. For some councils the fee is as much as £450, which is an awful lot of money. In some areas it's free. It's really a postcode lottery. | "But, if we complain, we have to pay. For some councils the fee is as much as £450, which is an awful lot of money. In some areas it's free. It's really a postcode lottery. |
"Sometimes leylandii can grow up to a metre a year. A lot of the people who complain to us are, like me, in the 65-plus age group. When you are retired you spend a lot more time in your home than when you are working, so leylandii have a major effect on lives." | "Sometimes leylandii can grow up to a metre a year. A lot of the people who complain to us are, like me, in the 65-plus age group. When you are retired you spend a lot more time in your home than when you are working, so leylandii have a major effect on lives." |
Nancy said: "When my neighbour's hedge came down, it was cut through the middle. We sat and watched. It was marvellous, like a giant curtain parting, letting the light flood through once again. | Nancy said: "When my neighbour's hedge came down, it was cut through the middle. We sat and watched. It was marvellous, like a giant curtain parting, letting the light flood through once again. |
"It's had a wonderful effect on our garden and our home." | "It's had a wonderful effect on our garden and our home." |
2010 review | 2010 review |
It is impossible to know how many other benighted households have been relieved of "midday darkness" by the 2003 act. | It is impossible to know how many other benighted households have been relieved of "midday darkness" by the 2003 act. |
But Mr Pound said: "It's a damn sight better than it was. There have been no more deaths over hedge disputes since the law came in. | But Mr Pound said: "It's a damn sight better than it was. There have been no more deaths over hedge disputes since the law came in. |
"It was a modest piece of hard-won, sensible legislation that's improved the lives of many. | "It was a modest piece of hard-won, sensible legislation that's improved the lives of many. |
"Some local authorities could get their act together be a little more proactive and maybe the legislation will need a bit of nuancing. | "Some local authorities could get their act together be a little more proactive and maybe the legislation will need a bit of nuancing. |
"But it's been an educational process that's cut down on hedge disputes and made life a little better." | "But it's been an educational process that's cut down on hedge disputes and made life a little better." |
The government is to gather some central statistics on councils' actions against high hedge owners and plans to review the legislation next year. | The government is to gather some central statistics on councils' actions against high hedge owners and plans to review the legislation next year. |
Only then will we know if it has achieved the seemingly impossible - popular cut backs. | Only then will we know if it has achieved the seemingly impossible - popular cut backs. |
Here is a selection of your comments: | |
You cannot build a wall without planning permission. No one should be allowed to permit a hedge to grow higher than 2 metres where there is an adjoining boundary wihtout the written agreement of your neighbour. You can have a high hedge at the front of your property but not alongside it or at the rear, unledsd your neighbour agrees. | |
Why have Labour made the law so complex and ineffective? Andrew Johnson, London | |
Leylandii make an excellent hedge and provide valuable winter protection for wildlife.The problem arises when they are planted to form a hedge, but then allowed to grow into trees.Keep them trimmed to a manageable height to avoid hedge rage.Nick Davey, Honiton Devon | |
With hedges, comes responsibility. We had a Leylandii hedge for many years but cropped it to a height of 7 feet. Our neighbour was amenable since it afforded all of us privacy in the garden. When we took it down the roots were so shallow, I just needed to push the trees over. Conversely we had more problems with our neighbours single self-sown sycamore which required about four feet lopping off it every summer since it left much of our garden in darkeness. Everyone needs to show consideration (What a radical idea!) Tony Cooley, walsall | |
I am 67 years of age and have my neighbours leylandii tress growing at the rear of my property. the trees are more than 4 meters high and overhang my fence. Whose responsibility is it for maintaining the growth of leylandii trees that overhang into neighbouring properties the tree owner or the neighbourmichael hodgskins, wisbech cambridgeshire | |
The BBC may edit your comments and not all emails will be published. Your comments may be published on any BBC media worldwide. Terms & Conditions | The BBC may edit your comments and not all emails will be published. Your comments may be published on any BBC media worldwide. Terms & Conditions |