ENVIRONMENT COMMITTEE

High Hedges Bill Submission

Response on Behalf of Carrickfergus Borough Council to Public Consultation on the Draft High Hedges Bill

The following comments are provided on behalf of Carrickfergus Borough Council in response to the public consultation on the draft High Hedges Bill. Comments are provided in light of the Department’s responses following the publication of the synopsis of responses following the initial public consultation. (www.doeni.gov.uk/synopsis-of-responses.pdf).

Comments/concerns are outlined under a range of headings as follows.

Scope of the Proposed Legislation

Carrickfergus Borough Council (CBC) welcomes the Department’s proposal to exempt forests greater than 0.2 hectares from the scope of the legislation. In addition, the Council welcomes the proposal to omit the words “or access” from the definition of a high hedge in clause 2(1) and (2).

Fees

As with many of the local authorities who responded to the initial public consultation, CBC would be unwilling to require the complainant to pay a fee as this goes against our normal practice when dealing with environmental issues. Also, we would be concerned about people of low income’s ability to either make a complaint or carry out remedial works required as a result of a complaint.

CBC believes that it should be up to the hedge owner to meet Council costs if findings go against them.

However, CBC welcomes the opportunity to set the level of fee and decide whether there should be reduced fees (e.g. for those in receipt of benefits etc.) For your information, at present there are approximately 6 complaints of this type received per year by CBC.

Guidance

CBC would welcome guidance from the Department to help these adversely affected by a neighbouring high hedge to make a complaint to their local council.

CBC would also welcome guidance for officers responsible for investigating complaints made under this legislation and also for the appeals process. However, we would seek assurances that all guidance will be provided in good time ahead of the commencement of the legislation along with necessary training events for officers.

Other Concerns

Mediation services

Costs, availability, impartiality.

Vacant land

Whilst CBC accepts that many landowners can be traced through Land and Property Services, in practice Environmental Health staff have found that not all lands are registered, which can lead to difficulties in completing investigations.

Application forms

CBC welcomes the proposal that the Department will provide councils with a prescribed application form.

Liability of Councils

CBC welcomes the proposal to amend the Bill to protect councils from liability when the council has acted in default and carried out remedial works.