High Hedges (Scotland) Act 2013

8 High hedge notice S

(1) Where a relevant local authority decides under section 6(5)(b) that action should be taken, it must issue a high hedge notice as soon as is reasonably practicable after making that decision.

(2) A high hedge notice is a notice—

(a) identifying the high hedge which is the subject of the notice and the neighbouring land,

(b) identifying the domestic property in relation to which the authority has decided under section 6(5)(a) that an adverse effect exists,

(c) stating the date on which the notice is to take effect,

(d) stating the initial action that is to be taken by the owner of the neighbouring land and the compliance period for that action,

(e) stating any preventative action that is to be taken by the owner of the neighbouring land,

(f) informing the recipient that there is a right to appeal under section 12(2)(a),

(g) informing the recipient that the authority is entitled to authorise a person to take action under section 22 where there is a failure to comply with the notice and that the authority may recover the expenses of that action, and

(h) informing the recipient that it is an offence under section 24 intentionally to prevent or obstruct a person authorised to take action from acting in accordance with this Act.

(3) The date referred to in subsection (2)(c) must be at least 28 days after the date on which the notice is given.

(4) The authority must—

(a) give the persons mentioned in subsection (5) a copy of the high hedge notice, and

(b) notify those persons of the reasons for its decision.

(5) Those persons are—

(a) the applicant, and

(b) every owner and occupier of the neighbouring land.

(6) Where the high hedge to which a high hedge notice relates is situated on land which has been designated as a National Park, the authority must give the National Park authority for the National Park a copy of the high hedge notice.

Commencement Information

I1 S. 8 in force at 1.4.2014 by S.S.I. 2014/54, art. 2