Hedges (Control) Bill

House of Commons

Session 1998-99
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Arrangement of Clauses (Contents)

Hedges (Control) Bill

EXPLANATORY AND FINANCIAL MEMORANDUM

The Bill clarifies the position on the ownership of and responsibility for hedges on or near property boundaries.

Clause 1 clarifies the question of who owns a hedge that is on land in more than one ownership. It effectively provides that it is owned in common by all the landowners involved; and that all those owners must have an opportunity to make comments on and give their consent to any proposed works to the hedge.

Clause 2 deals with the position that arises where a landowner allows a hedge on his land to become so tall or dense that is becomes a serious annoyance to the owner of neighbouring land. It inserts a new section 215A into the Town and Country Planning Act 1990, enabling a local planning authority to take action to bring about the removal of the annoyance, for example by requiring the owner to remove the offending hedge or tree altogether or to lessen its height or bulk; and inserts a new section 179A into the Town and Country Planning (Scotland) Act 1997, enabling a planning authority to take similar action in relation to land in Scotland. The new provisions apply only to residential areas.

Clause 3 and the Schedule introduce a right of appeal to the Secretary of State against notices under the new section 215A in relation to England and Wales, in line with the corresponding provision that currently exists under section 179 in relation to Scotland; and a new power for planning authorities in Scotland to institute prosecution for non-compliance with notices under section 179A, and to carry out the required works in default, in line with the corresponding provision that currently exists in relation to section 215 notices in England and Wales. They also introduce minor and consequential amendments to the 1990 and 1997 Acts.

Clause 4 amends the 1990 and 1997 Acts so that the need for consent under a tree preservation order is overridden by the existence of a notice served under the new section 215A (section 179A in Scotland).

Clauses 5 and 6 are formal.

Financial effects of the Bill

The new power for local planning authorities in England and Wales and planning authorities in Scotland to take action to remove or reduce over-large hedges on boundaries may be used in a number of instances when it is first introduced, leading to some expenditure by those authorities, but the use made of it thereafter is expected to drop sharply, and the power for authorities to take action would be more in the nature of a deterrent.

© Parliamentary copyright 1999
Prepared 22 March 1999

Hedges (Control) Bill

	EXPLANATORY AND FINANCIAL MEMORANDUM
	The Bill clarifies the position on the ownership of and responsibility for hedges on or near property boundaries.
	Clause 1 clarifies the question of who owns a hedge that is on land in more than one ownership. It effectively provides that it is owned in common by all the landowners involved; and that all those owners must have an opportunity to make comments on and give their consent to any proposed works to the hedge.
	Clause 2 deals with the position that arises where a landowner allows a hedge on his land to become so tall or dense that is becomes a serious annoyance to the owner of neighbouring land. It inserts a new section 215A into the Town and Country Planning Act 1990, enabling a local planning authority to take action to bring about the removal of the annoyance, for example by requiring the owner to remove the offending hedge or tree altogether or to lessen its height or bulk; and inserts a new section 179A into the Town and Country Planning (Scotland) Act 1997, enabling a planning authority to take similar action in relation to land in Scotland. The new provisions apply only to residential areas.
	Clause 3 and the Schedule introduce a right of appeal to the Secretary of State against notices under the new section 215A in relation to England and Wales, in line with the corresponding provision that currently exists under section 179 in relation to Scotland; and a new power for planning authorities in Scotland to institute prosecution for non-compliance with notices under section 179A, and to carry out the required works in default, in line with the corresponding provision that currently exists in relation to section 215 notices in England and Wales. They also introduce minor and consequential amendments to the 1990 and 1997 Acts.
	Clause 4 amends the 1990 and 1997 Acts so that the need for consent under a tree preservation order is overridden by the existence of a notice served under the new section 215A (section 179A in Scotland).
	Clauses 5 and 6 are formal.
	Financial effects of the Bill
	The new power for local planning authorities in England and Wales and planning authorities in Scotland to take action to remove or reduce over-large hedges on boundaries may be used in a number of instances when it is first introduced, leading to some expenditure by those authorities, but the use made of it thereafter is expected to drop sharply, and the power for authorities to take action would be more in the nature of a deterrent.