HIGH HEDGES SCOTLAND 

kelvingrove narrow

Help advice and representation on scottish High Hedges law

I provide a professional arbitration, application and appeal service for high hedge disputes in Scotland.

 

In April 2013, the Scottish Parliament passed the High Hedges (Scotland) Act, in force as of 1st April 2014. In so doing it intended to give relief to householders living in the excessive shade of a high hedge in Scotland, in effect a statutory right to basic light. It did little if anything to offset this right to light with measures to protect the owner of a hedge against undesirable expense, loss of privacy, shelter and so forth.

 

Far from being a magic wand just to resolve clearcut 'leylandii' disputes, it has perhaps inadvertently created genuine expectations and concerns on either side of less obvious hedges. Unlike the similar english legislation, the scottish Act includes deciduous trees in the definition of a high hedge. Together with other perhaps well-intended but confusing changes to the wording of the established english/welsh/irish/manx legislation, it has created untested law. As of March 2014 guidance has been published by the Scottish Ministers, although without public consultation. A year later it is not bearing up to scrutiny, as it contains some fundamental mistakes which have left everyone in a difficult position.

 

I am able to represent either complainants or hedge owners to ensure they get the best possible advice and outcome in the context of the legislation and all relevant Planning, Building Regulation, British Standards, arboricultural, scientific and public administration information that can be brought to bear on High Hedge cases. Alternatively, I can act as mediator to resolve disputes between parties.

"A hedge between keeps friendships green"? - old proverb

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The technical bit ...

the use of equisolid fisheye photography is one technique I use to calculate the skylight and sunlight obscured by objects such as trees in gardens and the daylighting factor at windows. This can be superimposed on probability stereographs and sunpath diagrams, and in certain circumstances are much more accurate than the Guidelines or other techniques I use such as calculations, illuminance measurement or tacheometric measurement of configuration factors.