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Lionel Fynn Partner |
Jon Payne |
James Cain Planning Consultant |
Rebecca Exell |
The issue of hedges and other plants interfering with views and causing loss of light has attracted considerable publicity in the past and controls are now in place for local authorities to take action if they receive a complaint from someone who believes that they are adversely affected.
Complaints can only be made if the the hedge consists mainly of two or more evergreens measuring over 2m. Before making a complaint, it is expected that other means will have been tried to resolve the problem.
The authority has the power to serve a 'remedial notice' requiring action to be taken if they feel that the reasonable enjoyment of a domestic property is being affected. Failing to comply with the notice is an offence and can result in a prosecution being taken.
There is a route of appeal against the service of a notice, which involves the Planning Inspectorate. Our team are familiar with appeals and can assist in either appealing a notice or defending it. If you have been served with a notice, you need to act quickly as there is only a 28 day period in which to appeal from the date that the notice is served.
Applicable Legislation :
Antisocial Behaviour Act 2003 Part 8
