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From July 2003
At seventeen minutes past nine on the evening of Thursday, 20th November 2003 the High Hedge Legislation, as a part of the government Anti-social Behaviour Bill, was given the Royal Assent in the Lords.
On 17th November 2003 the Bill passed through its third and final reading in the Commons. Some of our staunchest MP supporters were on the chamber, including Dr Lynne Jones, Stephen Pound, Jim Cunningham, Tony McNulty and Chris Mullin next to the Government Spokesman, Yvette Cooper, on the front bench. Our opponents who talked the Bill out on 20th June were not present.
The Hedge Bill was accepted into the Anti-social Behaviour Bill on 3rd November. Please see below.
Hedgeline feels that it is entirely appropriate that the hedge legislation has been included in the ASB Bill. Hedge bullying will now be clearly seen for what it is; 'Anti social-Behaviour'.
The legislation is expected to be up and running by the end of 2004.
Text of the Act - Part 8 of Anti-social Behaviour Act
Short notes on the content of the Hedge Bill (partly from ODPM Media Release)
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The amendments to the Government ASB Bill to allow Local authorities to intervene in High Hedge Disputes was agreed without a vote. The High Hedge legislation is now part of the ASB Bill and this legislation is expected to go through by the end of November..
The Government was already amending its own ASB Bill in the Lords, thus providing a good opportunity to slot in the High Hedge amendment. The ASB Bill would have had to go back to the Commons anyway.
Lord Bassam of Brighton, the Government spokesman introduced the amendment by saying, "My Lords, it gives me more than the usual delight to move this amendment. In effect, it will introduce a whole new Bill into the Anti-social Behaviour Bill. Rarely can there have been an occasion in your Lordships' House that has been greeted with such gratitude, delight, enthusiasm and warm support". Lady Gardner spoke of the Anti Social Behaviour Bill as a bus
that one could hop on to. Contents of this page |
Index pages The Legislation will be based on a complaints system to the Local Authority. Complaints may be made about problem hedges over 2 metres. There will be a range of criteria which the local authority officer will use to form his judgement of what is a reasonable hedge height in a given situation. The Government will issue detailed guidance notes on how he should apply each of these criteria. The victim will need to have made suitable attempts to get the grower to reduce his hedge before an application to the local authority is made. There could well be a fee.
The Law will apply only to evergreen and predominantly evergreen hedges though there are provisions for including other sorts of hedges if they are seen to be a nuisance at a later stage. This could be done without a full legislative process.
It will apply only to hedges causing considerable nuisance to a neighbour. It will not threaten any other high hedges.
Office of the Deputy Prime Minister Media Release - extracts
Yvette Cooper, minister for regeneration at the Office of the Deputy Prime Minister, said:
"High hedges can block out the light from neighbours' homes and gardens and make their lives a real misery. This is anti-social behaviour, just as much as graffiti and noisy neighbours, and it isn't fair on those who have to suffer as a result. "That is why we want to take action through the Anti-social Behaviour Bill so that local authorities will have the power to sort out high hedge disputes and where necessary to chop those hedges back."
Since Stephen Pound's Private Member's Bill was blocked in the Commons the Government has been seeking ways to get legislation on the statute books.
Existing common law rights do little to prevent the problems high hedges cause. Although they entitle people to cut overhanging branches back to the property boundary line, they do nothing about hedge height.At present local authorities are powerless to act on high hedge disputes, but under the legislation they could issue formal notices instructing the reduction of a hedge's height and its long-term maintenance.
Yvette Cooper added: ...
"I'd also like to thank Stephen Pound and Baroness Gardner for all their hard work and commitment to introducing high hedges legislation."
Hedgeline would like to thank Baroness Hamwee who found the precident which enabled this legislation to be put in the ASB Bill. It had been turned down once. We would also like to thank all those MPs who have so actively supported us over the last six years and made it possible for us to be in the position we are in today. Hedgeline Thankyou List
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Index pages Eight Hedgeline members turned up to distribute leaflets to delegates outside the labour Party Conference and we were also represented inside the Conference. It was considered to be a successful day. Special thanks go to Michael Wickson and Derek and Betty Glew, who organised the leafletting outside the Conference.
Garth and Bruce, our NW and Liverpool area organisers, arranged a leafletting party at the Tory Party Conference. They reported that this year they were able to get to the Tory MPs themselves, who showed warmth to our representatives and overwhelming support for the High Hedges Bill. Quite a number openly deplored the actions of the MPs who talked out the Stephen Pound Private Members Bill and deplored their actions. Names were named.
Unfortunately we did not get our arrangements completed in time for the LibDem Conference but we know that we have long term support amongst LibDem MPs and we are as always deeply grateful for this.
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In its front page article of 29 September 2003 entitled 'Labour trimming policy to woo voters', the Financial Times asserted that a government insider had said that the Government firmly intend to put the Hedge Bill through before the election in 2 years time. Later in the article The article should be available on the FT webpage
I think we can assume that the Government now wishes make astatement to the public at large that it intends to put this legislation through Parliament in its own time. It wants the general piublic to know that it is doing its level best to get this legislation through Parliament before the election and that it is responding to the numbers of letters from victims MPs which have been pouring in since July when the Stephen Pound Private Members Bill was talked out. We are profoundly grateful to know this but obviously deplore the delay. The article states that the Government had been considering putting it in this Queen's Speech.
We must not for a moment let the Government think the problem has gone away. We must keep the letters from our MPs to the Government rolling in until we get the Law. Please see The Campaign
Clare Hinchliffe
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1. In Prime Minister's question time, Stephen Pound asked Tony Blair when the Government was intending to put the High Hedges Bill through Parliament. I quote the Prime Minister's words. 2. Baroness Gardner intended to lodged a tactical amendment to the Government Anti-social Behaviour Bill. It was not reached but will be lodged on 7th October.
Unfortunately the ASB Bill did not prove suitable for including the legislation which would help hedge victims and this amendment would do little to relieve hedge victims.
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Hedgeline wrote to the Deputy Prime Minister asking that the Government take up the Stephen Pound High Hedges Bill and put it through Parliament in Government time. We have now received a reply, signed by a minister. The letter is signed by Yvette Cooper MP, who is now in charge of the section dealing with problem hedges. It reads as follows'
We know that things cannot be left as they are. The Government remains committed to legislation to deal with cases that neighbours cannot resolve and will make every effort to get it onto the statute book.
We are aware that a lot of people have been waiting a long time for something to be done and had pinned their hopes on Stephen Pound's Bill. I am sorry that I cannot be more specific at present, but I can assure you that we are actively looking for a suitable opportunity to get the Bill through.
Yvette Cooper MP" Return to Contents of this Page ARCHIVE INDEX - Records Prior to Legislation
"Lady Scotland, referred to an element of this anti-social behaviour legislation as a bus that one could hop on to. I am not very good at hopping on to buses, but on this occasion I have managed to do so because so many people have helped me to catch the bus. We waited a long time for this bus, but eventually it came along".
At the end of the debate she cut short her speech by saying,
"I agreed that the one thing I would not do was hold up the bus when it arrived."

Measures to tackle the misery caused by high hedges were announced today as the Government proposed an amendment to the Anti-social Behaviour Bill.
This new addition to the Anti-social Behaviour Bill will give local authorities the power to intervene in high hedge disputes which neighbours are unable to resolve.
'The Government insider said, 'One way, shape or form we will find away of doing it before the next election'.....
'The Government now intends to get the measure on to the statute book, either by appending it to other legislation or by doing a short stand-alone Bill'
'The Government have had a long-standing commitment since August 2000 to bring forward new laws to give local authorities in England and Wales powers to determine complaints about high garden hedges and will make every effort to get them on to the statute book at the earliest opportunity. I cannot say better than that'.
"We of course share your disappointment that the Bill failed to get through the House of Commons.
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