Written question asked by Baroness Gardner of Parkes (Conservative), in the House of Lords. It was answered by Baroness Andrews (Labour) on Wednesday, 23 November 2005.

High Hedges

Question: Whether the Office of the Deputy Prime Minister’s guidelines on the high hedges legislation reflect the substance of the debates in Parliament on the Anti-social Behaviour Act 2003; and whether the guidelines may inhibit the implementation of that Act.

Answer: The guidance published by the Office of the Deputy Prime Minister, in High Hedges Complaints: Prevention and Cure, reflects the substance of the high hedges legislation in Part 8 of the Anti-social Behaviour Act 2003. Government guidance cannot impose restrictions above and beyond those set out in legislation.The Government are aware of concerns that the problems identified in a complaint may not be fully remedied because of advice in the Office of the Deputy Prime Minister’s guidance that councils should not specify remedial works to a hedge which would result in its death or destruction. This constraint arises from Section 69(3) of the 2003 Act, which states that the action specified in a remedial notice cannot involve removal of a hedge. In the Government’s view, action that would kill a hedge amounts to the same as removing it altogether. This is about striking an appropriate balance between the rights of the hedge owner and those of the complainant.

Secondary information

Type: Written question
Reference: 2429; 675 c212WA
Session: 2005-06
Subjects: Complaints Enforcement Hedges and ditches Government information services Nuisance Office of the Deputy Prime Minister
Legislation: Anti-social Behaviour Act 2003
Link: View this Written question on www.publications.parliament.uk