Part of High Hedges (No. 2) Bill – in a Public Bill Committee at 2:45 pm on 7 May 2003.
It is almost a unique experience for me to listen to one whose worship of football tends to concentrate on the Highbury area praising Manchester, but I give credit to my hon. Friend's comments.
I am sure that the legislation concerning Manchester to which my hon. Friend refers is well known to all hon. Members here gathered, although it was specified in local authority byelaws. That legislation did not establish a common framework across the United Kingdom. Unitary urban authorities could enforce such legislation and a number did. My hon. Friend's substantive point—that the absence of frivolous and vexatious complaints is a tribute not only to the good sense of the burghers of Manchester but to the way in which the Bill was structured—is well taken.
As I said, the clause sets out the procedure for dealing with complaints; the complaint goes to the local authority—the district, borough or unitary council, and their equivalents in Wales. The local authority may charge a fee if it wishes, but the Bill provides for the Government to set a maximum level of fee as well as enabling the local authority to refund fees in appropriate cases.
I turn to the subject of mediation. I am sure that all hon. Members would accept that the best way of settling such disputes is for people to talk to one another and to agree a solution. Sadly, the rest of the world may not be as reasonable, and mediation is occasionally not an option. However, the Bill encourages such dialogue by giving the local authority powers not to proceed with complaints if it believes that a complainant has not taken all reasonable steps to resolve the matter without involving the authority.
As I said earlier, the local authority can refuse to deal with a complaint if it considers it to be frivolous or vexatious. The only requirement is that if the authority decides not to proceed with a complaint, it should notify the complainant as soon as possible. If the local authority proceeds with the complaint, it must decide two matters, which are set out in subsection (3). It must first decide whether, because of its height, the hedge is adversely affecting the complainant's reasonable enjoyment of his property. Throughout the proceedings, when I say ''his'' I also mean ''her''.
If the local authority finds that the height of the hedge is causing problems, it must then consider what action, if any, should be taken to remedy the situation and to prevent it from recurring. In reaching those decisions, the authority should take into account all relevant factors and assess each case on its particular merits. I understand that the Government intend to publish guidance on the Bill for local authorities, and I am sure that the Minister will deal with that.
The Government are keen to ensure that local authorities operate the legislation fairly and consistently. National guidance will be important in helping to achieve a measure of consistency. Such guidance will deal with the full range of issues that local authorities could be asked to take into account. It would probably expand on the advice in the popular and widely read leaflet ''Over the Garden Hedge''. That contains information on issues such as safe maintenance, privacy, loss of sunlight, obstruction of daylight and the blocking of views.
In many cases, it will come down to a question of balance between preserving privacy and safeguarding the amenity of neighbours. Those are the sort of judgments that local authorities are used to making—for instance in determining planning applications.