Fees & Charges
How much?! Information about fees and charges.
Q: In my council, who makes the decision on how much fee needs to be charged when a complaint about a high hedge is lodged?
A: Individual councils take this decision and will take their own responsibility to do so. VAT is not to be paid on top of the fee. Check with your local council before you make a complaint how much their fee will cost you.
Q: I am suffering with a high hedge nuisance. It's a problem for me, but why do I have to pay the Council to sort this out, it's not fair?
A: Within the Anti-Social Behaviour Act 2003, it says that the 'complainant' has to pay the Council fee when they put in their complaint about a hedge. The government feels this is OK, because a) In their 1999 consultation 'High Hedges: Possible Solutions' many people giving feedback felt it would be fair that a complainant would need to contribute a payment to the council to ask for intervention with the problem, b) A fee payment will hopefully encourage a complainant to first try and resolve the matter amicably with their neighbour, rather than just jumping to the formal complaint stage with a council and also ensures that complaints will help discourage trivial complaints, c) Councils commonly charge fees for services which may be beneficial to individuals (e.g. the person making the complaint).
Q: Is it right that the person making the complaint is the 'innocent party' within the dispute?
A: Councils will intervene and look at cases on an individual basis as an independent and impartial body, under the legislation provided. No offences are being examined or looked at and even where a complainant is successful in 'winning' their case, this doesn't mean that an offence has therefore been committed. The current legislation doesn't consider 'guilty' or 'innocent' parties and fees paid is for a service payment, not as a penalty.
Just because the provisions of high hedges have been incorporated within the Anti-Social Behaviour Act, 2003 doesn't give it any special meaning.
Q: Surely there has to be an offence as this is anti-social behaviour?!
A: Just because the provisions of high hedges have been incorporated within the Anti-Social Behaviour Act, 2003 doesn't give it any special meaning. The legislation provided an opportune moment and way to ensure that legislation around high hedges was entered onto the statute book (previously this was unsuccessful). The 2003 Act details no way for an Anti-Social Behaviour Order (ASBO) to be issued to the owner of a hedge and no offence is performed until a hedge owner doesn't carry out a council's (potential) order to ensure remedial hedge works/maintenance are performed.
Q: Is there anyway to get my fee back from the owner of the hedge?
A: The Anti-Social Behaviour Act of 2003 doesn't give you any procedure to do this, either claiming it back from the Council or hedge owner. It is possible you may be able to recover all or part of this via the small claims court which is for most claims £5,000 or under (approach the Community Legal Advice service at www.clsdirect.org.uk or tel: 0845 345 4345 for more help/advice). Also you may get advice from the leaflet 'Making a Claim' (Leaflet EX301) and 'The Small Claims Track' (Leaflet EX307) available from the county court and at www.courtservice.gov.uk.
Q: I've heard that the Government is giving Councils extra funding to manage high hedge complaints. Why are they charging me at all?!
A: We are told there are procedures that are tried and tested when making assessments around financial pressures that Councils face when attempting to use new ideas and procedures such as the legislation around High Hedges. The Government says it would have decided on what amount of costs that Councils use when using the legislation should be given through grants and what can be provided for by the complainants.
Government view is not enforceable on individual Councils. Grant amounts are used via the discretion of local authorities and a Council will make their own decision on how much they will charge for managing and determining a complaint regarding high hedges and local council tax may affect this charging structure.
Public Registers
Making information available in Public Registers?
Q: Is it right that a Council has to make high hedge complaint details available to view by the general public?
A: No, Councils do not have to keep a register detailing high hedge complaints that the public may view (e.g. as is the case with planning applications).
Councils do not have to keep a register detailing high hedge complaints...
Q: How about accessing/disclosing the information or details under the Freedom of Information Act or Environmental Information Regulations?
A: High hedge issues will be included within one of these procedures for information access recorded via public authorities. Requests to receive information will be examined within each procedures legislation within their own rights. Exemptions around information which is personal or information which may affect criminal enquiries (e.g. not in the 'public interest') exist within both sets of regulations.