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Buachaill
Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10353
Experience:  Barrister 17 years experience
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I have been in this house years with conifers at the bottom

Customer Question

I have been in this house for 11 years with conifers at the bottom of the garden to hide the view of wall and the public works dept this was built by the local council however about 8 years ago this works was sold and houses built one of the occupants who moved in 5 years ago and recently built a large conservatory is now complaining about loss of light and threatening me with part 8 of the anti social Behavior act I guess the hedge is about 12 foot high he claims the max for his garden should be 2.1 m I live in a bungalow and the property over the wall are house therefore no privacy for us your comments would be welcome many thanks John
Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, the relevant Regulations here are the Trees & High Hedges Regulations, 2005, which were made pursuant to the Anti Social BEhaviour Act. They allow a neighbour to make a complaint to your local Council about any two or more evergreen (not deciduous) trees growing which might shade or obscure light from a premises. So your neighbour has the right to make a complaint to your local Council who in turn may serve you with an Order requiring you to cut the trees back. Here, I would suggest that you do agree to cut these evergreen trees back. However, the cutting back should be sufficient to allow light in, but without damaging the trees. Certainly, 12 foot is too high if they shade your neighbour's conservatory. His suggestion of 7 feet, is only applicable if they obscure light to his conservatory. So, you should seek to appease your neighbour whilst not injuring the privacy of your own bungalow. However, the aim should be to prevent a complaint to the Council.