Oral question asked in the House of Lords, by Baroness Gardner of Parkes (Conservative). It was answered on Tuesday, 20 December 2005.

High Hedges

Question: My Lords, I thank the Minister for that Answer. I pay tribute to him, to the noble Lord, Lord Rooker, and to the noble Baroness, Lady Scotland, for helping to get this legislation. It means a great deal to many people. However, a major problem has arisen in the advice and guidelines given out by the Office of the Deputy Prime Minister; it all hinges on the word ““remove”” in the legislation. Councils are naturally frightened that they will be liable if a hedge dies, because they have been told that if it dies that is the same as removing it. Is the Minister aware that there are no regulations that allow councils to implement an order to reduce a hedge in phases? Should new regulations be considered, because councils are frightened to do anything where they will personally carry a liability? While most people are thrilled with the legislation, some are worried about what is happening. Can the Minister give me any hope in that regard?

Answer: My Lords, I am not sure that the problem is necessarily susceptible to regulation. The noble Baroness raises an understandable concern. Paragraph 624 of the ODPM guidance, High Hedges Complaints: Prevention and Cure, offers very useful advice. It says:"““Councils are, therefore, advised to obtain arboricultural input when framing the requirements of a remedial notice””." I believe it is saying that if it is better and more intelligent to reduce the height of the hedge in phases, according to the growing season, that is a good way to act. By taking arboricultural advice they will probably be well protected.

Secondary information