Clause 2 - High hedges
High Hedges Bill
10:30 am
Mr John Taylor (Solihull, Conservative)
Clause 2 defines high hedges. It makes it clear that the problem concerns evergreen hedges over 2 m in height, which includes leylandii and other coniferous hedges such as Lawson cypress and western red cedar. It also covers non-coniferous species such as laurel and privet.
The Bill is not intended to apply to individual trees, which can sometimes be the focus of disputes between neighbours. It does not set out to remedy all the perceived problems with trees, nor does it seek to discourage the planting of suitable trees in gardens. It concentrates on the main problem—tall, dense screens of foliage.
A complaint may be made to the local authority only if the hedge in question exceeds 2 m in height. That does not mean, nor should it be implied, that hedges over 2 m in height are necessarily problem hedges that should be trimmed. Whether such a hedge causes an unreasonable obstruction of light will depend on the particular circumstances of each case and will take account of objective tests being developed by the BRE. The effect of the Bill is to provide a starting point with some degree of certainty. One cannot make a complaint to the local authority unless the hedge exceeds the 2 m threshold. Equally, those on the other side of the hedge can be assured that they will not find themselves on the receiving end of a complaint, providing that the hedge in question is maintained at 2 m or lower. I recommend that clause 2 stand part of the Bill.