Search Legislation

Advanced Search

High Hedges Act (Northern Ireland) 2011

Help about what version

What Version

Help about opening options

Opening Options

Status:

This is the original version (as it was originally enacted).

Procedure for dealing with complaints

This section has no associated Explanatory Notes

3.—(1) This section has effect where a complaint to which this Act applies—

(a)is made to the council; and

(b)is accompanied by such fee (if any) as the council may determine.

(2) If the council considers—

(a)that the complainant has not taken all reasonable steps to resolve the matters complained of without proceeding by way of such a complaint to the council, or

(b)that the complaint is frivolous or vexatious,

the council may decide that the complaint should not be proceeded with.

(3) If the council does not so decide, it must decide—

(a)whether the height of the high hedge specified in the complaint is adversely affecting the complainant’s reasonable enjoyment of the domestic property so specified; and

(b)if so, what action (if any) should be taken in relation to that hedge, in pursuance of a remedial notice under section 5, with a view to remedying the adverse effect or preventing its recurrence.

(4) If the council decides under subsection (3) that action should be taken as mentioned in paragraph (b) of that subsection, it must as soon as is reasonably practicable—

(a)issue a remedial notice under section 5 implementing its decision;

(b)send a copy of that notice to the following persons, namely—

(i)every complainant; and

(ii)every owner and every occupier of the neighbouring land; and

(c)notify each of those persons of the reasons for its decision.

(5) If the council—

(a)decides that the complaint should not be proceeded with, or

(b)decides either or both of the issues specified in subsection (3) otherwise than in the complainant’s favour,

it must as soon as is reasonably practicable notify the appropriate person or persons of any such decision and of the council’s reasons for it.

(6) For the purposes of subsection (5)—

(a)every complainant is an appropriate person in relation to a decision falling within paragraph (a) or (b) of that subsection; and

(b)every owner and every occupier of the neighbouring land is an appropriate person in relation to a decision falling within paragraph (b) of that subsection.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources