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Dispute over 35ft Leylandii trees

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I feel people who allow these type of trees to grow out of control are a menace.
Heard this one one the radio today
Should the council force the person concerned to cut down the trees?

i think kas if the neighbour can prove is blocking out natural light then yes they can be forced to remove them
but then more fool him for planting them once the roots get under his foundations i would imagine selling the house will be almost imposable
i did also see this on the news this morning and they stated he planted the the trees as he wasn't allowed to put up a large wall
I took down well over a 100 such sized menaces (well, I got the professions in to do it) and it was amazing just how much extra light was afforded. Things that had never grown before in the gardens began to grow again. I was able to use our office without having the lights on all day!
The trees were planted by the people we bought the property off and was in response to a long standing neighbour dispute which just got out of hand. Our seller planted one row his side of the ditch separating the properties and the neighbour responded by planting a similar row on his side! When we came along 20 odd years later, no-one could remember the real reasons behind it all and we came to sensible arrangement between the two of us.
We replaced the trees with a natural country hedge which looked absolutely superb once it started to mature.
If memory serves, I think there is a restriction on the height allowable and the distance from a boundary after which, if the owner takes no action, the Local Council can be asked to force the issue.
Quote by GnV
I took down well over a 100 such sized menaces (well, I got the professions in to do it) and it was amazing just how much extra light was afforded. Things that had never grown before in the gardens began to grow again. I was able to use our office without having the lights on all day!
The trees were planted by the people we bought the property off and was in response to a long standing neighbour dispute which just got out of hand. Our seller planted one row his side of the ditch separating the properties and the neighbour responded by planting a similar row on his side! When we came along 20 odd years later, no-one could remember the real reasons behind it all and we came to sensible arrangement between the two of us.
We replaced the trees with a natural country hedge which looked absolutely superb once it started to mature.
If memory serves, I think there is a restriction on the height allowable and the distance from a boundary after which, if the owner takes no action, the Local Council can be asked to force the issue.

Does not look like they have forced anything at all here GNV.
Imagine living next door to a plonker like this.
It is fucking ridiculous how this has been allowed to happen.
Jeeeeeze if the next door neighbour wanted to put up a garden shed that was a foot higher than the councils regulations, I am sure some person with a shiny clip board would have been round pretty damn fast.
The council have a public duty towards other residents over matters such as this surely?
Chop it down and send the owner of this obscene thing the bill!!
Quote by kentswingers777
Does not look like they have forced anything at all here GNV.
Imagine living next door to a plonker like this.
It is fucking ridiculous how this has been allowed to happen.
Jeeeeeze if the next door neighbour wanted to put up a garden shed that was a foot higher than the councils regulations, I am sure some person with a shiny clip board would have been round pretty damn fast.
The council have a public duty towards other residents over matters such as this surely?
Chop it down and send the owner of this obscene thing the bill!!

For legislation to come into play you need a complainant i.e. someone that it is effecting.
Then mediation occurs i.e. see if an amicable agreement can happen
Then the full force of the law can be brought, including undertaking the works and giving the bill to the householder.
This takes time and sufficient time must be given to each.
That is how it works. Open and proportional enforcement. To do it the way you suggest borders on state nannying and interference.......arn't you against that? dunno
Dave_Notts
Alternatively a naughty criminal-type could inject SBK or some other heavy duty herbicide into the base of the trunks. This would eventually kill them. The cause could be ascertained eventually, but the who and the when would be difficult to establish. Ring-barking (removing a 3 inch wide strip of the bark down to and including the cambium all (must be all) the way round is probably more certain, but it is much more obvious.
Not that I would advocate such an action - just commenting that it could happen.
It shouldn't be necessary - the trees breach the nighbour's rights and, if they enter a complaint, the owners can be instructed to at least top them out at a reasonable height.
A formal complain has been put to the council under the anti social behaviour act which cost the neighbours about
Quote by flower411
It is quite funny that the pictures show that the hedge appears to be neatly trimmed on the pavement side !!
I`m not going to bother googling but I believe that the council could come along and chop them down if they were obstructing the foot path ....
This guy seems to be just the sort of local hero we should all admire for taking on the jobsworths at the council and as long as he is within the law ....what`s the problem ?
If he`s breaking the law I`m sure some two bit nosey council worker will come along and violate the poor suckers rights to have a hedge as high as he fuckin likes ...and chop it down rolleyes

I hear the council made him take down a high wall at the rear of his property so he is a serial offender.
He is not taking on the council is he, he is making his neighbours life a misery, this has little effect on the council
Quote by flower411
It is quite funny that the pictures show that the hedge appears to be neatly trimmed on the pavement side !!
I`m not going to bother googling but I believe that the council could come along and chop them down if they were obstructing the foot path ....
This guy seems to be just the sort of local hero we should all admire for taking on the jobsworths at the council and as long as he is within the law ....what`s the problem ?
If he`s breaking the law I`m sure some two bit nosey council worker will come along and violate the poor suckers rights to have a hedge as high as he fuckin likes ...and chop it down rolleyes

you carry on admiring
me i see nothing other than an abomination that would block out the natural light to my own property and undermine the foundations of my house if you admire idiots then that's your right lol :lol: :lol:
there are better ways to take on a local jobsworth council wink
We had a similar sized leylandii hedge behind our house, until about 20,000 russian starlings appeared one winter. The chainsaws soon came out.
The higher branches are all over the guttering of both houses. Combine that with the normal winds you get in this country and you are looking at gutters dislodged which you can't see cos the trees are in the way and damp getting into your house.
Yeah, real freedom fighter taking on the local council like that. Very admirable. If it was a house on its own I'd say let him damage his own house as much as he likes. But it is a semi. His house is inextricable attached to someone else's. Sadly so are his bloody trees.
Quote by Dave__Notts
This takes time and sufficient time must be given to each.

Davey I do not mean to be rude, but have ya got ya glasses on? lol
Have you seen the size of the bloody thing. What do you think happened? That it popped up overnight after a quick watering :shock:
Be serious for a second Davey, ANYONE can see without question this is a bloody eyesore, and it should not need anyone to complain about it, the bloody council should be aware ot it and deal with it.....period.
Too much red tape everywhere nowadays, but in instances like this it should take one day to get it into court and even the most out of touch judges would grant the council permission to chop it down.
Quote by flowerpot
This guy seems to be just the sort of local hero we should all admire for taking on the jobsworths at the council

Hero? NO I think we have been down the hero thread topic, about what constitutes a hero, and he does not fall into that category. fucking nuisance category oh yes.
I wonder if you would think he was a hero if that thing was hanging over your property.....certainly would not be your sort of hero then I would presume?
Quote by kentswingers777
This takes time and sufficient time must be given to each.

Davey I do not mean to be rude, but have ya got ya glasses on? lol
Have you seen the size of the bloody thing. What do you think happened? That it popped up overnight after a quick watering :shock:
Be serious for a second Davey, ANYONE can see without question this is a bloody eyesore, and it should not need anyone to complain about it, the bloody council should be aware ot it and deal with it.....period.
Too much red tape everywhere nowadays, but in instances like this it should take one day to get it into court and even the most out of touch judges would grant the council permission to chop it down.

Quote by kentswingers777
This takes time and sufficient time must be given to each.

Davey I do not mean to be rude, but have ya got ya glasses on? lol
Have you seen the size of the bloody thing. What do you think happened? That it popped up overnight after a quick watering :shock:
Be serious for a second Davey, ANYONE can see without question this is a bloody eyesore, and it should not need anyone to complain about it, the bloody council should be aware ot it and deal with it.....period.
Too much red tape everywhere nowadays, but in instances like this it should take one day to get it into court and even the most out of touch judges would grant the council permission to chop it down.
I am finding your arguments strange Kenny.
In one breath you talk about councils being jobsworths and then in the next they should just go do stuff without recourse to law. This is a strange viewpoint and I just do not understand what you actually believe or want to happen in a consistant manner.
As a taxpayer I would want the legislation to be applied openly, consistantly and proportionally.
The laws on high hedges has to have a complainant. If there is not one then the council cannot act.
It is irrelevant if the tree is two kilometers high or the biggest eyesore in the world. If it is not affecting any persons ability to enjoy their home then no offence has been committed. If the neighbour decides, for whatever reason, they do not mind it being there then there is nothing the council can do.
There is no red tape on this issue. It is simple to understand and straight forward.
Dave_Notts
Now that there is a complainant, do the people here in the know, feel that this situation/hedge meets the criteria for forced removal by the council if mediation fails
Quote by Bluefish2009
Now that there is a complainant, do the people here in the know, feel that this situation/hedge meets the criteria for forced removal by the council if mediation fails

Depends on who the complainant is.
If the complainant was someone who lived on the street, but the tree did not effect their property and the only reason for their complaint was that it was an eyesore.......then tough shit to them.
Now if they were a direct neighbour and it effected them i.e. blocking out light, and they made a complaint, after exhausting all other avenues, then if awarded in the complainants favour then the tree owner can face a fine. This will be added on if they refuse to lower the hedge. The tree cannot be touched by the council as this is not in the ASBO legislation.
Now if using Foxys example of the hedge was damaging your home then the council can then invoke the Housing Act through the Private Sector Housing section of the Env Health who can, if evidence is avialable that it is or will harm the complainant by affecting their home, remove parts of the tree that is affecting the complainants home.
They cannot just chop the whole tree down though, but usually the cost of being dragged through court has escalated and the tree owner would prefer the whole thing to come down at this point.
Two different pieces of legislation that can be used where one is a nuisance only piece of legislation and the other is criminal legislation as it can affect the health of an individual.
Dave_Notts
Mediation?
I would chop it down myself. But then again I would have chopped it down long before it got to this mad state of affairs.
I would have then waited for the boys in blue to come along and jail me for twenty years. No way in a zillion years would I have tolerated this from my next door neighbour.
The artical says....
The statement continued: "If Mr Alvand and his neighbours cannot agree a way forward, then our tree officers will need to visit the property and take measurements to determine the 'action hedge height' and establish what, if any, remedial action needs to be taken."
Eh?
It is as high as the fecking house fgs....what the feck does it need a what? A tree officer ffs.
Soooooooooooooo.....the guy can have a fecking tree the size of his house and the council will not act, yet build a wall two feet higher than is allowed and they will take you to court....go figure that fantastic piece of legislation.
Quote by Dave__Notts
Now that there is a complainant, do the people here in the know, feel that this situation/hedge meets the criteria for forced removal by the council if mediation fails

Depends on who the complainant is.
If the complainant was someone who lived on the street, but the tree did not effect their property and the only reason for their complaint was that it was an eyesore.......then tough shit to them.
Now if they were a direct neighbour and it effected them i.e. blocking out light, and they made a complaint, after exhausting all other avenues, then if awarded in the complainants favour then the tree owner can face a fine. This will be added on if they refuse to lower the hedge. The tree cannot be touched by the council as this is not in the ASBO legislation.
Now if using Foxys example of the hedge was damaging your home then the council can then invoke the Housing Act through the Private Sector Housing section of the Env Health who can, if evidence is avialable that it is or will harm the complainant by affecting their home, remove parts of the tree that is affecting the complainants home.
They cannot just chop the whole tree down though.
Dave_Notts
Thanks Dave, I believe it is the neighbour who is the source of the complaint as, and I am reading between the lines here, there was a previous problem with a high wall which had to be taken down so, I think they then planted these trees. (Some speculation)
Quote by kentswingers777
I would have then waited for the boys in blue to come along and jail me for twenty years. No way in a zillion years would I have tolerated this from my next door neighbour.

Garnett Vs Meldrew.
Quote by essex34m

I would have then waited for the boys in blue to come along and jail me for twenty years. No way in a zillion years would I have tolerated this from my next door neighbour.

Garnett Vs Meldrew.
Ok, thanks, now you leave me with a melange of Alf and Victor arguing over boundaries in a Waiting for Godot-esque play.
Quote by essex34m

I would have then waited for the boys in blue to come along and jail me for twenty years. No way in a zillion years would I have tolerated this from my next door neighbour.

Garnett Vs Meldrew.
If you have nothing constructive to add Essex, what about going and playing with your train set...now there's a good boy.
This is for grown ups and way past your bedtime. :twisted:
Quote by kentswingers777

I would have then waited for the boys in blue to come along and jail me for twenty years. No way in a zillion years would I have tolerated this from my next door neighbour.

Garnett Vs Meldrew.
If you have nothing constructive to add Essex, what about going and playing with your train set...now there's a good boy.
This is for grown ups and way past your bedtime. :twisted:
Pull your horns in. If anyone told you to move along you'd be screaming blue murder. Anyone can post on here within the AUP - you don't get to choose.
Quote by kentswingers777

I would have then waited for the boys in blue to come along and jail me for twenty years. No way in a zillion years would I have tolerated this from my next door neighbour.

Garnett Vs Meldrew.
If you have nothing constructive to add Essex, what about going and playing with your train set...now there's a good boy.
This is for grown ups and way past your bedtime. :twisted:
Oh shit, is that in the rules? dunno lol
It was advice Foxy.....says nothing about not giving advice in the AUP..........does it?
I am sure Essex is more than capable of answering for himself.
Quote by Bluefish2009
Now that there is a complainant, do the people here in the know, feel that this situation/hedge meets the criteria for forced removal by the council if mediation fails

Depends on who the complainant is.
If the complainant was someone who lived on the street, but the tree did not effect their property and the only reason for their complaint was that it was an eyesore.......then tough shit to them.
Now if they were a direct neighbour and it effected them i.e. blocking out light, and they made a complaint, after exhausting all other avenues, then if awarded in the complainants favour then the tree owner can face a fine. This will be added on if they refuse to lower the hedge. The tree cannot be touched by the council as this is not in the ASBO legislation.
Now if using Foxys example of the hedge was damaging your home then the council can then invoke the Housing Act through the Private Sector Housing section of the Env Health who can, if evidence is avialable that it is or will harm the complainant by affecting their home, remove parts of the tree that is affecting the complainants home.
They cannot just chop the whole tree down though.
Dave_Notts
Thanks Dave, I believe it is the neighbour who is the source of the complaint as, and I am reading between the lines here, there was a previous problem with a high wall which had to be taken down so, I think they then planted these trees. (Some speculation)
The story you linked said that the wall was in the back garden and the trees are in the front garden.
The wall comes under planning legislation. The high hedge comes under ASBO legislation. Affecting your home and detrimentall to your health comes under the Housing Act.
Three different pieces of legislation for three different things.
Planning legislation does not need a complainant, the council just need to be aware of it.
ASBO Legislation needs a complainant.
Housing Act needs a person to have their health actually or theoretically affected
Dave_Notts
Quote by kentswingers777
It was advice Foxy.....says nothing about not giving advice in the AUP..........does it?
I am sure Essex is more than capable of answering for himself.

Yeah right, a fatherly touch of advice - dripping with disdain. I'm certain he can speak for himself. I'm not defending him. I found your comment and tone offensive, so I commented.
Quote by Dave__Notts
Three different pieces of legislation for three different things.

Yes Davey with about 500 zillion people working on each bit of legislation....public service eh?
Quote by kentswingers777
Three different pieces of legislation for three different things.

Yes Davey with about 500 zillion people working on each bit of legislation....public service eh?
You were saying about a grown up debate? Perhaps it is time for bed for someone then.
Dave_Notts
Quote by foxylady2209
I found your comment and tone offensive, so I commented.

Someone on here finds something offensive about anything.
IF you found it that offensive then another bit of advice....report it.
His comment was a piss take of which I found offensive, and I answered accordingly.
Quote by Dave__Notts
Three different pieces of legislation for three different things.

Yes Davey with about 500 zillion people working on each bit of legislation....public service eh?
You were saying about a grown up debate? Perhaps it is time for bed for someone then.
Dave_Notts
True Davey as I was in work this morning at AM.....so yes am feeling a tad tired.