Anti-social Behaviour Act 2003 (c. 38)

Part 8 E+W High hedges

Introductory E+W

65 Complaints to which this Part applies E+W

(1) This Part applies to a complaint which—

(a) is made for the purposes of this Part by an owner or occupier of a domestic property; and

(b) alleges that his reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.

(2) This Part also applies to a complaint which—

(a) is made for the purposes of this Part by an owner of a domestic property that is for the time being unoccupied, and

(b) alleges that the reasonable enjoyment of that property by a prospective occupier of that property would be adversely affected by the height of a high hedge situated on land owned or occupied by another person,

as it applies to a complaint falling within subsection (1).

(3) In relation to a complaint falling within subsection (2), references in sections 68 and 69 to the effect of the height of a high hedge on the complainant’s reasonable enjoyment of a domestic property shall be read as references to the effect that it would have on the reasonable enjoyment of that property by a prospective occupier of the property.

(4) This Part does not apply to complaints about the effect of the roots of a high hedge.

(5) In this Part, in relation to a complaint —

• “complainant” means—

  (a)

  a person by whom the complaint is made; or

  (b)

  if every person who made the complaint ceases to be an owner or occupier of the domestic property specified in the complaint, any other person who is for the time being an owner or occupier of that property;

  and references to the complainant include references to one or more of the complainants;

• “the neighbouring land” means the land on which the high hedge is situated; and

• “the relevant authority” means the local authority in whose area that land is situated.

Commencement Information

I1 S. 65 in force at 31.12.2004 for W. by S.I. 2004/3238, art. 2

I2 S. 65 in force at 1.6.2005 for E. by S.I. 2005/710, art. 2

66 High hedges E+W

(1) In this Part “high hedge” means so much of a barrier to light or access as—

(a) is formed wholly or predominantly by a line of two or more evergreens; and

(b) rises to a height of more than two metres above ground level.

(2) For the purposes of subsection (1) a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.

(3) In this section “evergreen” means an evergreen tree or shrub or a semi-evergreen tree or shrub.

Commencement Information

I3 S. 66 in force at 31.12.2004 for W. by S.I. 2004/3238, art. 2

I4 S. 66 in force at 1.6.2005 for E. by S.I. 2005/710, art. 2

67 Domestic property E+W

(1) In this Part “domestic property” means—

(a) a dwelling; or

(b) a garden or yard which is used and enjoyed wholly or mainly in connection with a dwelling.

(2) In subsection (1) “dwelling” means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.

(3) A reference in this Part to a person’s reasonable enjoyment of domestic property includes a reference to his reasonable enjoyment of a part of the property.

Commencement Information

I5 S. 67 in force at 31.12.2004 for W. by S.I. 2004/3238, art. 2

I6 S. 67 in force at 1.6.2005 for E. by S.I. 2005/710, art. 2