where do I go for help? (Neighbour/Tree dispute)
- Thread starter lisap
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Thanks Mattylad. Yes, we have had bats (but not in the trees so no protection there!) and we have crows nesting in them most years...(which are a bit of a pain if you want to go up the garden when the babies are learning to fly!) In fact we have lots of wildlife which is encouraged by us and all the other neighbours so I think they are living in the wrong place as you cant have the wildlife without the nature!! They think you should have trees pruned every three years but this surely can't be the case. You don't really 'Prune' trees unless they are ornamental do you? We take branches off our trees every couple of years. we go in to the 'nice neighbours' gardens to do this as well. we take out all lower branches so light comes in underneath. Our nice neighbours, (4 of them) have fruit trees under them that bear fruit so it can't be that bad!!
By the way, next time they are suggesting cutting them down, mention that there is a "tree protection order" on them so you are not allowed to.
I have thought of looking in to this!!!
Don't go into a panic, and keep your saw locked away, but you would be advised to cut off dead, diseased or dying bits of trees. It's better for the tree, and it stops bits falling on people (I've got some trees about the size of yours so I'm giving a sympathetic comment). Unfortunately it's the tree owners responsibility to keep them in good order. However, the pruning of birch trees is different from most others. If it's done properly, you shouldn't be able to tell it has been pruned. You could tell your neighbours the trees have been pruned, they wouldn't be able to tell either way.
If people weren't so dumb, they'd know it is actually GOOD to have leaves blowing into their garden. They contain nutrient and minerals which you otherwise have to buy at great expense.
As they're birch, they support the second largest variety of species, oak being number one.
Since they get sun from 6 am to 7 pm, are they going to have a word with the vicar to chat up big G, and have something done about lack of daylight in the winter? Do they come from another planet? Or perhaps they'd like to visit another one, sooner rather than later, we're getting a bit crowded on this one.
You could tell your neighbours the trees have been pruned, they wouldn't be able to tell either way.If people weren't so dumb, they'd know it is actually GOOD to have leaves blowing into their garden. They contain nutrient and minerals which you otherwise have to buy at great expense.
As they're birch, they support the second largest variety of species, oak being number one.
Since they get sun from 6 am to 7 pm, are they going to have a word with the vicar to chat up big G, and have something done about lack of daylight in the winter? Do they come from another planet? Or perhaps they'd like to visit another one, sooner rather than later, we're getting a bit crowded on this one.
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By the way, next time they are suggesting cutting them down, mention that there is a "tree protection order" on them so you are not allowed to.
I have thought of looking in to this!!!
BEfore you apply, consider the consequences for yourself too as it can prevent you chopping it down when "you" want to too
Yes thought about this too!! (and as we have been offered a piece of land next to our property we would need to remove some.......the opposite end to the nasty neighboursBEfore you apply, consider the consequences for yourself too as it can prevent you chopping it down when "you" want to too
We were lookint out the back bedroom at 7,30 last night and the sun was smack bang in the middle of the clear sky over their garden and it was in shade. the shade was cast by the hedge they have at the end of their garden but they are too thick to realise!
There just isn't hope for some people...lets hope they win the lottery and they can go and live the 'footballers wife' dream!This was the local councils reply to my email to them:
Thank you for your email received 17th July 2008.
Under the Anti-Social Behaviour Act 2003 the definition of a “high hedge” means ‘so much of a barrier to light or access as:
is formed wholly or predominantly by a line of two or more evergreens; and
rises to a height of more than two metres above ground level.’
Before the Council will even consider taking action the two criteria above must be met, otherwise the hedge in question will not fall within the legislation and therefore any planning enforcement action available will be greatly restricted.
Anti-Social Behaviour Act
The Anti-Social Behaviour Act 2003 did incorporate powers for the local authority to deal with complaints relating to high hedges. However, this does not create an offence, it dictates that the local authority has a duty to try and mediate/negotiate between the complainant and the hedge owner. Factors such as the interests of the wider community as well as the interests of both the hedge owner and the complainant have to be considered and a balance must be struck between the competing interests. As a general rule, a case will be weaker if the trouble with the hedge only affects you for only a short period of time or if it is just inconvenient.
If the Council investigate and deem that there is a legitimate claim then the hedge owner would be initially served with a remedial notice giving them a realistic period of time in which to carry out the work (there is no requirement that the hedge has to be cut down below two metres). The owners of the hedge also have a right to appeal if they feel the council have not allowed enough time. A requirement for maintenance may also be included in any remedial notice ie: keeping the hedge within its new height for as long as it is there (reducing the need for anymore formal complaints regarding the same hedge). If the hedge owner does not act in accordance with the remedial notice within the prescribed time limit is an offence, for which the Council can prosecute and, if found guilty the hedge owner could be fined up to £1,000.
Once the Council has investigated a formal complaint and reached a conclusion if either the complainant or the hedge owner disagrees with the Councils decision then, they can appeal to the independent Planning Inspectorate. The appeal must be made with 28 days of the date of the Councils decision notice
Right to Light
The advice given in relation to the loss of light due to a high hedge is not mandatory and the decision whether to take action will depend on the consideration of similar factors. Predominately that the offending hedge has to be over two metres in height before any consideration will be given to the impacts on loss of light. If it is deemed upon inspection that there is a significant loss of light due to the hedge then measurements will be taken and calculations made in accordance with the guidance set out in the Governments guidance ‘Hedge height and loss of light’ upon the complainant making a formal complaint.
Fees:
The Governments justifications for charging a fee are as follow:
The service benefits an individual rather than the community in general.
A fee helps to ensure that complaints are genuine.
The fee is payment for a service not – a penalty.
Payment of a fee encourages people to try and settle the disputes amicably.
Most people who responded to the public consultation about high hedges thought that it was fair that the person making the complaint should pay something for the council to intervene in their hedge disputes.
Note: The fees that Tamworth Borough Council charges are actually one of the lowest in the region £212.
The responsibility for deciding how much the fees should be, and the policy on such matters rests with the full council. Therefore as in other statutory duties ie: Processing Planning Applications the council have the right under Government Policy to charge for this service. Regarding the charging of fees through other Parts of the Anti-Social Behaviour Act 1993 I do not have the knowledge of the whole act to allow me to comment on this as Part 8 is the main area that is applicable to this department.
More information can be found at www.communities.co.uk in the Planning, Building and the Environment section.
Thank you for your email received 17th July 2008.
Under the Anti-Social Behaviour Act 2003 the definition of a “high hedge” means ‘so much of a barrier to light or access as:
is formed wholly or predominantly by a line of two or more evergreens; and
rises to a height of more than two metres above ground level.’
Before the Council will even consider taking action the two criteria above must be met, otherwise the hedge in question will not fall within the legislation and therefore any planning enforcement action available will be greatly restricted.
Anti-Social Behaviour Act
The Anti-Social Behaviour Act 2003 did incorporate powers for the local authority to deal with complaints relating to high hedges. However, this does not create an offence, it dictates that the local authority has a duty to try and mediate/negotiate between the complainant and the hedge owner. Factors such as the interests of the wider community as well as the interests of both the hedge owner and the complainant have to be considered and a balance must be struck between the competing interests. As a general rule, a case will be weaker if the trouble with the hedge only affects you for only a short period of time or if it is just inconvenient.
If the Council investigate and deem that there is a legitimate claim then the hedge owner would be initially served with a remedial notice giving them a realistic period of time in which to carry out the work (there is no requirement that the hedge has to be cut down below two metres). The owners of the hedge also have a right to appeal if they feel the council have not allowed enough time. A requirement for maintenance may also be included in any remedial notice ie: keeping the hedge within its new height for as long as it is there (reducing the need for anymore formal complaints regarding the same hedge). If the hedge owner does not act in accordance with the remedial notice within the prescribed time limit is an offence, for which the Council can prosecute and, if found guilty the hedge owner could be fined up to £1,000.
Once the Council has investigated a formal complaint and reached a conclusion if either the complainant or the hedge owner disagrees with the Councils decision then, they can appeal to the independent Planning Inspectorate. The appeal must be made with 28 days of the date of the Councils decision notice
Right to Light
The advice given in relation to the loss of light due to a high hedge is not mandatory and the decision whether to take action will depend on the consideration of similar factors. Predominately that the offending hedge has to be over two metres in height before any consideration will be given to the impacts on loss of light. If it is deemed upon inspection that there is a significant loss of light due to the hedge then measurements will be taken and calculations made in accordance with the guidance set out in the Governments guidance ‘Hedge height and loss of light’ upon the complainant making a formal complaint.
Fees:
The Governments justifications for charging a fee are as follow:
The service benefits an individual rather than the community in general.
A fee helps to ensure that complaints are genuine.
The fee is payment for a service not – a penalty.
Payment of a fee encourages people to try and settle the disputes amicably.
Most people who responded to the public consultation about high hedges thought that it was fair that the person making the complaint should pay something for the council to intervene in their hedge disputes.
Note: The fees that Tamworth Borough Council charges are actually one of the lowest in the region £212.
The responsibility for deciding how much the fees should be, and the policy on such matters rests with the full council. Therefore as in other statutory duties ie: Processing Planning Applications the council have the right under Government Policy to charge for this service. Regarding the charging of fees through other Parts of the Anti-Social Behaviour Act 1993 I do not have the knowledge of the whole act to allow me to comment on this as Part 8 is the main area that is applicable to this department.
More information can be found at www.communities.co.uk in the Planning, Building and the Environment section.
She has been round to have a go again today and it is really starting to affect my health. What can I do ?where can I go to have something put in writing before she causes me to have a nevous breakdown? Everyone I speak to says she doesn't have a leg to stand on but i need this in writng to give to her to stop the harrassment. Tahnks for your help
lisa in that case go to the police and ask for an appointment with your local neighbourgood police teams sergeant. Explain to him what has been going on and ask him to speak to her with regards the harrasment act. He should fire a warning shot across her bows.
You don't need anything in writing. Tell her that you have no intentions of cutting your trees, and that she can't make you. Then tell her that any future discussion on this issue must be in writing only. That will keep her at bay.
Then, don't open the door to her in future.
http://www.videojug.com/film/how-to-fit-a-peep-hole
I have said we will not discuss it anymore and, if she wants to say anything to put it in writing. We said the same things as we have said before eg, they have light most the day, the trees are 40 ft from their about boundary, they are on a very long list of things to do but it is not priority for us atc, and she still goes on! She said she is not able to sit out in the garden after work in this month!! I said maybe she ought to move then and she said I was threatening her! That wasn't a threat just a solution to her problem!! (and ours!!)
Forcing her to put pen to paper (if indeed she can write) might make her realise just how weak her argument is when she reads the letter back to herself (if she bothers to proof read it).
She may choose to get a solicitor to write it for her, who will hopefully point out that she's wasting everyone's time. and if they don't then it's her money they'll be wasting (taking ).
She may choose to get a solicitor to write it for her, who will hopefully point out that she's wasting everyone's time. and if they don't then it's her money they'll be wasting (taking
).
B
Bodgeit and scarper ltd
Just don't speak to the old bat! simples!
Back in 1997 we lived in a terrised cottage in a rural location- we had lived there for 25 years with no problems with the nabours. Our garden was 1 acre and had a bungalow at the bottom. the bungalow owners at the time had been there for 15 years and were very nice. At the end of 1997 new owners moved into the bungalow and complained about everything. We had a 200ft conifer hedge in our garden of which produced lots of waist when cutting it. We for the last 12 years had burned it at the bottom of the garden near the bungalow without problems. The new bungalow owners sent us a complaint via our local council about them having health problems and the fires we where having. They said that they couldnt sleep at night knowing that we would be burning the tree cuttings during the day and that the smoke blocked their view to our house. After recieving this letter, we put our house up for sale. We sold it in 1 week and on the last day living there we burned loads of rubber tyres just to make a point. We are now living in a very rural location with no nabours.
Forcing her to put pen to paper (if indeed she can write) might make her realise just how weak her argument is when she reads the letter back to herself (if she bothers to proof read it).
She may choose to get a solicitor to write it for her, who will hopefully point out that she's wasting everyone's time. and if they don't then it's her money they'll be wasting (taking
This is what I think. I never argue a point without having the facts first. The first time she moaned about the trees a few years ago I went on the internet and printed off all the rules etc so I knew what I was talking about. i have since spoke to the council and our other neighbors and feel comfortable enough with what I know to say I am right!! The trouble is I can say the same thing over and over agin and it doesn't get through. I think if she had to write what she wanted to say (if she can!) then read our reply she might actually take in the facts rather than hearing what she thinks I'm saying. My other neighbours (4 sets of them) all support us (but will not vocalise their support to our 'nasty' nieghbour) One said they had a vote and want to keep the trees, obvoisuly the nasy ones weren't there at the time!
Apart form suggesting that she mpved house if there is no sun in her garden when she comes home from work, i think I should have said she should have got a night job. then she could have slept in the garden for the 12+ hours she does get sun!
There is just no winning with some people, unless we did everything she wanted which just isn't going to happen!
Thanks as always for your support.
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