Local councillors have been advised recently regarding the issue of the Leylandi trees in gardens that overlooks another. This species of tree can be a terrible blight on neighbours gardens.
A Nuisance Tree - but not in Carshalton or Sutton!
The Anti Social Behaviour Act introduced a duty on local authorities to adjudicate in neighbour disputes over high hedges. The Act specifies that an occupier of land has grounds for complaint if a hedge is so tall that it detracts from the enjoyment of his/her own home or garden.
The Act defines a high hedge as : · The hedge is growing on land owned by someone else · The hedge is more than 2 metres tall · The hedge is made up of 2 or more trees or shrubs · The hedge is capable of obstructing light or views
The Council has no powers to become involved in hedge disputes for any other reason, such as the roots or branches of the trees damaging the neighbour’s property etc. Council officers have explained that whilst the Council will adjudicate in these neighbour disputes, the Act requires that a resident must first attempt to solve the problem amicably with their neighbour.
Only if this approach fails can they complain to the Council. Residents are advised to write to their neighbour to seek an amicable resolution to the problem and to keep copies of all correspondence as they will need to show this to the Council before the Council can become involved.
Residents will be asked to pay a non refundable fee of £350 in order for the Council to consider such complaints. When residents receive a response from their neighbours, the Council officer may advise further on any further steps that the resident needs to take prior to the Council becoming involved.