kelvingrove narrow

Help advice and representation on scottish High Hedges law

On this page I will add things from time to time about progress with the High Hedges system for Scotland.  


28th February 2014 - The Government has just published its statutory guidance (without public consultation) and announced that the Act comes into force on 1st April 2014. Initial read of the guidance is that it contains many mistakes and does not even try to answer any of the difficult questions, passing them on instead to Councils to deal with.


9th March 2014 - The response I got from the Government was almost useless. It did at least acknowledge that the English Guidance might not work in Scotland.


10th March 2014 - After detailed consideration, apart from a few mistakes the Guidelines are reasonably clear but do indeed leave a void as to how to deal with scottish issues. The Guidelines look like a re-hash of the english guidelines ignoring some obvious differences between the english Antisocial Behaviour Act and the scottish High Hedges Act.


Ist April 2014 - As of today, the Act is in effect.


June 2014 - First appeal submitted by someone but it was considered premature and has been dismissed.


July 2014 - Almost complete list of council application fees can be opened from my 'Resources' page.


August 2014 - Successful in a local case! Also I have submitted request to DPEA for leave to appeal against non determination (deemed refusal) of an aplication by a Council.


August 2014 - First full appeal submission put in for another case (Lochgoilhead).


September 2014 -  I delivered High hedges workshops to housing practiitoners at the Scottish Federation of Housing Associations conference.


September -  DPEA says it can't take the deemed refusal appeal, there is no way of getting a HH decision if a Council is delaying it.


April 2015 - latest appeal decisions show that some appeal Reporters are reaching quite eccentric and uncontrollable conclusions.


August 2015 - about 90 appeals so far, and no action on defective guidance yet by Government or Ministers.


January 2016 - my article in the Arboricultural Association publication about High hedges won the award for best scottish article of the year 2015. Extracts available on written request.


August 2016 - latest cases won in Bridge of Weir throw up interesting legal an technical issues for the government.


March 2017 - Parliamentary Committee has called for evidence on how the Act is working (or not). I have put in a detailed submission.  


Thou hast broken down all his hedges; thou hast brought his strong holds to ruin.” - Psalms 89:40