What consideration has the Welsh Government given to property owners where their amenity is adversely impacted due to loss of light as a result of overgrown trees and other vegetation on neighbouring property?
A range of powers are available to Local Authorities to resolve complaints about overgrown trees and other vegetation on neighbouring property. The High Hedges (Appeals) (Wales) Regulations 2004 allow a person to complain if a high hedge is affecting the reasonable enjoyment of their home or garden. Complaints should be made to the Local Authority. Prior to making a complaint, reasonable attempts should be made to resolve the matter with the hedge owner.
If necessary a Remedial Notice, may be issued which can include “preventative action” to ensure the nuisance caused by a High Hedge does not reoccur. These provisions only apply if:
- the hedge in question comprised wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs;
- the hedge is over 2 metres high;
- the hedge acts, to some degree, as a barrier to light or access; and
- the hedge is adversely affecting the complainant’s reasonable enjoyment of their domestic property (their home or garden).
A property owner has the right to appeal against the issue of a Remedial Notice. Such an appeal would be determined by the Planning Inspectorate. Other available powers include part 8 of the Anti-social Behaviour Act 2003, and Section 215 of the Town and Country Planning Act 1990.
Overhanging parts of trees and bushes can be trimmed off and returned to the owner of the hedge. Before doing this, one should check whether the tree is covered by a Tree Preservation Order (TPO). Work carried out on a tree covered by TPO without the appropriate consent is an offence and may result in a fine.