Legislation on high hedges proceeds

Feb 1 2012

Proposed legislation to force householders to keep high hedges in check has taken a step forward.

Holyrood`s Local Government Committee decided no further consultation is required on a private members' Bill by SNP MSP Mark McDonald, leaving him free to draft a final proposal.

Mr McDonald now has to gain the support of at least 18 MSPs representing at least half of Holyrood`s political parties, to take the Bill forward for full consideration in Parliament.

He said he has received a large number of representations from individuals affected by nuisance hedges since announcing his plan to bring forward the Bill.

He said he has discussed the form a potential solution could take with arbitration group Cosla, the Scottish Courts Service, the Scottish Tree Officers Group, local authorities, campaign group Scothedge and a variety of other organisations.

Mr McDonald also visited local authorities in England, where legislation governing high hedges is in place, to find out how it has operated in practice.

He said: "The best way to achieve an effective, practical and sustainable resolution to the long-standing problem is by providing local authorities with powers of last resort. This will allow them to take action to resolve high-hedge issues, should other attempts to resolve the issue fail.

"This is the path that has been followed in all other parts of the UK: in England and Wales through the Anti-social Behaviour Act 2003; in the Isle of Man through the Trees and High Hedges Act 2005; and in Northern Ireland through the High Hedges Act (Northern Ireland) 2011.

"In short, this means a Bill that will ensure neighbours attempt to resolve the problem before recourse to the local authority. Problems where everyone can agree on the solution are likely to be the most effective and sustainable.

"It may not sound like the most exciting piece of legislation but I know that for many people, this is an issue that blights their lives and damages neighbourhood relationships."