Search Legislation

High Hedges (Scotland) Act 2013

What Version

 Help about what version

Opening Options

 Help about opening options

Status:

This is the original version (as it was originally enacted).

6Consideration of application

This section has no associated Explanatory Notes

(1)This section applies where a relevant local authority does not dismiss an application under section 5.

(2)The authority must give every owner and occupier of the neighbouring land—

(a)a copy of the application, and

(b)a notice informing the person to whom it is given of the matters mentioned in subsection (3).

(3)The matters are—

(a)that the authority is required to make a decision under subsection (5),

(b)that the person has a right to make representations to the authority in relation to the application before the expiry of the period of 28 days beginning with the day on which the notice is given,

(c)that the authority must give a copy of any such representations to the applicant,

(d)that the authority has power to authorise entry to the neighbouring land under section 18(1), and

(e)that it is an offence under section 21 intentionally to prevent or obstruct a person authorised to enter land from acting in accordance with this Act.

(4)If any representations are received by the authority during the period mentioned in subsection (3)(b), the authority must—

(a)give the applicant a copy of those representations, and

(b)take into account those representations in making its decision under subsection (5).

(5)After the end of the period of 28 days referred to in subsection (3)(b), the authority must decide—

(a)whether the height of the high hedge adversely affects the enjoyment of the domestic property which an occupant of that property could reasonably expect to have, and

(b)if so, whether any action to remedy the adverse effect or to prevent the recurrence of the adverse effect (or both) should be taken by the owner in relation to the high hedge (any action that is to be taken being referred to in this Act as the “initial action”).

(6)If the authority decides under subsection (5)(b) that initial action should be taken, the authority must—

(a)specify a reasonable period of time within which the initial action is to be taken (the “compliance period”), and

(b)decide whether any action to prevent the recurrence of the adverse effect should be taken by the owner in relation to the high hedge at times following the end of the compliance period while the hedge remains on the land (the “preventative action”).

(7)In making a decision under subsection (5)(b), the authority must have regard to all the circumstances of the case, including in particular—

(a)the effect of the high hedge on the amenity of the area, and

(b)whether the high hedge is of cultural or historical significance.

(8)Where the high hedge which is the subject of the application is situated on land which has been designated as a National Park, the authority must—

(a)before making a decision under subsection (5)(b), consult the National Park authority for the National Park, and

(b)in making its decision under that subsection, take into account any representations made by that National Park authority.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources