This item was published during the term of a previous administration that ended in April 2007
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Tougher controls on nuisance hedges
31/01/2001
Justice Minister Jim Wallace took steps today to cut the scope for neighbourhood problems over garden hedges, with an announcement that he would support new powers for councils to intervene.
However he noted that the introduction of new powers would have to wait for a suitable opportunity in the Parliamentary programme.
Consultation on the issue shows that legislation is needed to tackle high boundary hedges in gardens which create a significant nuisance to neighbours. Local authorities will need powers to deal with troublesome hedges - such as Leylandii allowed to grow unchecked - but only as a last resort if matters cannot first be amicably resolved between neighbours.
Mr Wallace said :
"We recognise that overgrown garden hedges cause distress to a number of people in Scotland. Though the problem is not as widespread here as in England, such hedges can seriously affect people's quality of life so that we do require to take the problem seriously.
"Our consultation has confirmed a demand exists for tougher controls to provide a remedy for those who have exhausted all other avenues.
"We are committed to dealing with the problems people are experiencing when a suitable legislative opportunity becomes available."
The announcement follows public consultation inviting people to give their views on the scale of such problems and on whether a statutory remedy was required. Around 90 organisations and individuals responded to the consultation paper, with a further 120 members of the public writing in with their views, and explaining their difficulties.
Almost all the individuals who responded were strongly in favour of giving local authorities powers to order problem hedges to be cut back. The views of interested organisations were more divided on whether an additional remedy was required.
BACKGROUND
A consultation paper on high hedges was issued by The Scottish Executive in January 2000. The paper sought views on whether there was a problem requiring positive action from The Executive. There were 90 formal responses to the paper (compared with around 3,000 in England and Wales). In addition to the formal responses to the consultation exercise, about 120 individuals wrote to the Executive, almost all of whom explained their own difficulties and called for a statutory remedy.
Asked about the extent to which there was a perceived problem caused by high hedges in Scotland, the formal response revealed differing views : 6 local authorities, 4 organisations and 47 individuals thought there was a significant problem, and 10 local authorities, 6 organisations and 1 individual thought there was not. However, almost all the 120 members of the public who wrote to the Executive saw themselves as victims of their neighbours' high hedges and regarded such hedges as a problem requiring legislative action.
While the overall level of response in Scotland was low compared to that in England and Wales, it is clear that there is a small hard core of cases where existing remedies are ineffective. This can lead to distress for those concerned.
In August last year the Rt. Hon Michael Meacher MP, Minister for the Environment, announced the results of the English consultation exercise, which was launched in November 1999. The consultative response was substantial, some 3,000 responses being received. The majority of respondents (including the majority of local authorities) favoured new laws. Mr Meacher announced his intention on 10 August to prepare new laws for England to tackle nuisance garden hedges.
News Release: SE0196/2001
31 Jan 2001