High hedges — new measures coming into force in Scotland

We recently blogged about building control, where we commented that it is not strictly speaking planning law, but that as building control is governed by statutory regulations and administered by local authorities it is a fact that planning lawyers are frequently approached for advice when building control problems arise. Another issue that from time to time commands the attention of not only planning solicitors, but also solicitors dealing day to day with general property advice work, is that of problematic boundary hedges.

In England and Wales, the Anti-social Behaviour Act 2003 (Part 8) gives local authorities powers to deal with complaints about high hedges. The relevant provisions came into operation in Wales on 31 December 2004 and in England on 1 June 2005.

Due to continuing problems caused by high hedges (and in particular due to problems caused by fast-growing species such as Leylandii), in recent years pressure has mounted on the Scottish government to introduce similar legislation. The outcome was the enactment last year of The High Hedges (Scotland) Act 2013, which will come into force as of 1 April 2014…

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