The Courier this morning features an article about the issue of high hedges and comments from both myself and Bailie Rod Wallace, the Conservative Group Leader, supporting any renewed moves by the Scottish Parliament to look at this issue.I have received a number of concerns from residents in the past about this issue but where amicable resolution is not possible, legislation is currently inadequate.
During the last parliament, Scott Barrie, the former Labour MSP, did attempt to resolve matters through a Private Members' Bill. This would have brought in an arbitration mechanism, which would be a good step forward. If you click on the headline above, you can read the consultation paper on the Bill. At the time his Bill was lodged, I wrote to the then Dundee West MSP Kate Maclean to seek her support for what Scott Barrie was seeking to do, and she was indeed supportive. Unfortunately, the Bill did not make it to legislation.
The matter was helpfully raised again in the parliament this Tuesday by Mary Scanlon, Conservative MSP for the Highlands and Islands. Her questions and the written responses of the Minister for Community Safety (Fergus Ewing MSP) were as follows:
Hedges
Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive when the review of its antisocial behaviour strategy will be completed and whether the nuisance caused by high hedges will be addressed in the review.
(S3W-11399)
Fergus Ewing: As part of the review we will be considering the use, effectiveness and range of existing measures available to local agencies to tackle unacceptable behaviour, including services relevant to high hedge disputes, such as mediation. We intend to publish the findings of the review by the end of 2008.
Additionally, the Scottish Government is exploring options, including legislative ones, for supporting a means of last resort for resolving disputes about high hedges. This will be done in parallel to the national antisocial behaviour review. In doing so, we will bear in mind consultation on the issue by the previous administration, the provisions in place in England and Wales, and Scott Barrie’s bill, which fell at dissolution of the last session of the Parliament.
Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what advice it can give to householders affected by 40-feet high trees or hedges close to their homes.
(S3W-11400)
Fergus Ewing: Services already provided by community safety partnerships, such as mediation, can be very effective in dealing with a range of neighbour disputes, including those about high hedges.
However, the Scottish Government is giving active consideration to how best it could support the provision of a suitable means of last resort for resolving cases in which all other measures have been exhausted.
The fact that the Scottish Government is exploring options, including legislative ones, for supporting a means of last resort for resolving disputes about high hedges is to be welcomed. I'll be keeping an eye on progress on this matter.