SCOTHEDGE

To read report on "High Hedges and other Nuisance Vegetation" click on the link http://www.scotland.gov.uk/Publications/Recent

So far so good. Taking account of the overwhelming demand for legislation proved by last year's consultation, the Scottish Government are making a commendable effort to secure a fair and workable solution to the issue of High Hedges and Other Nuisance Vegetation. But the timeline to the required legislation remains clouded with no guarantee that we will see a Bill before next May's Scottish Elections. Now that the Scottish Government understands the problem and existing English, Welsh and soon Northern Ireland legislation exists, surely our Holyrood legislators can launch our Bill this Autumn. An estimated 3000 victims from Kirkwall to Gretna, Sannox to Dundee expect nothing less. We have waited nine years since our parliament was told that legislation was required by the then Scottish Justice Minister Jim Wallace.

WHAT HAPPENS NOW ?

MAY 2010

THE GOVERNMENT HAVING ACKNOWLEDGED THAT THE HIGH HEDGE AND OTHER NUISANCE VEGETATION ISSUE IS SERIOUS, WE WILL NEGOTIATE WHATEVER LEGISLATION WILL PROVIDE THE BEST SOLUTION IN SCOTLAND. THIS IS A PROCESS WHICH HAS TO ENSURE THAT THE SOLUTION WILL BE ROBUST UNDER SCOT'S LAW AND BE WORKABLE AND FAIR IN TERMS OF ITS IMPLEMENTATION. THIS WORK IS LIKELY TO TAKE SEVERAL MONTHS TO COMPLETE IN DISCUSSION WITH LEGAL EXPERTS, LOCAL AUTHORITIES AND WITH THE AFFECTED PARTIES AND SUBSTANTIALLY THROUGH THE INVOLVEMENT OF THE SCOTHEDGE TEAM IN LINE WITH THE DOCUMENT "A GROWING PROBLEM".

THE PROCESS OF CREATING THE LEGISLATION WILL BE RIGOROUS AND LABORIOUS AND IT IS OUR INTENTION THAT THE FLAWS AND ANOMALIES OF THE WESTMINSTER BILL ARE NOT REPEATED IN SCOTLAND. WESTMINSTER TOOK 18 MONTHS TO ESTABLISH THEIR DETAILED GUIDELINES AFTER PASSING THEIR 2003 AMENDMENT, SO THERE IS NO "INSTANT" LEGISLATION LIKELY. WE WOULD LIKE TO SEE AN EARLY ENABLING BILL WHICH WILL SIGNAL TO THE NUISANCE HEDGE FRATERNITY THAT THEIR IMMUNITY FROM REMEDIAL ORDERS REQUIRING THE REMOVAL OF A PROBLEM CAUSED BY THEIR VEGETATION IS AT AN END. IT IS HOWEVER THE GOVERNMENT WHICH WILL ESTABLISH THE DUE PROCESS THROUGH TO IMPLEMENTATION.

WE ARE, FOR THE FIRST TIME, WORKING WITH THE SCOTTISH GOVERNMENT WHICH ACKNOWLEDGES THE SERIOUS NATURE OF THE ISSUE AND IS INTENT ON INTRODUCING AN EFFECTIVE SOLUTION. THIS PHASE HAS BEEN LONG FORESEEN AND WE ARE WELL PREPARED FOR THIS WORK. WE ANTICIPATE A SERIES OF IMPORTANT MEETINGS AND HAVE BEEN ENCOURAGED BY THE QUICK DEVELOPMENT OF GOOD WORKING RELATIONS WITH THE FERGUS EWING TEAM.

WHAT HAPPENS TO THE CAMPAIGN ?IT WOULD BE REASONABLE TO CLAIM THAT THE CAMPAIGN HAS NOW ACHIEVED A MAJOR GOAL IN BRINGING THE GOVERNMENT TO LAUNCH LAST SUMMER'S CONSULTANCY AND NOW TO UNDERTAKE TO RESOLVE HOW BEST TO DEAL WITH THE HIGH HEDGES AND OTHER NUISANCE VEGETATION ISSUE - IN COLLABORATION WITH SCOTHEDGE.

THE CAMPAIGN WILL NOT HOWEVER END UNTIL LEGISLATION IS FINALLY PASSED BY THE SCOTTISH PARLIAMENT.

WE ARE NOW WORKING IN FORMAL COLLABORATION WITH THE GOVERNMENT AT MINISTERIAL LEVEL AND AS APPROPRIATE, STATEMENTS REGARDING PROGRESS WILL BE JOINT PUBLICATIONS AS AGREED DURING MEETINGS.

IT WILL BE IMPORTANT THAT THE NEWS GETS OUT THAT WORK TO END THE IMMUNITY FOR CARELESS OR VINDICTIVE DEPLOYMENT OF VEGETATION WHICH REDUCES THE REASONABLE ENJOYMENT OF A NEIGHBOURING HOME AND GARDEN.

SHOULD THE NEGOTIATING TEAM FEEL THE NEED TO RETURN TO SUPPORT FROM MEMBERS FACING SUCH ISSUES THEN OF COURSE OUR MANDATE COMES FROM THE MEMBERSHIP AND WE WILL CALL FOR SUPPORT.

THE MEMBERSHIP IS NOW IN EXCESS OF 350 WHICH MAKE POSTAL COSTS A VERY EXPENSIVE OPTION AND SO THIS WILL ONLY BE USED SPARINGLY. THE MAJORITY OF MEMBERS HAVE ACCESS TO E-MAIL AND THE INTERNET SO LESS IMPORTANT PROGRESS REPORTS WILL BE RELEASED ON THIS WEB SITE OR IN OUR MONTHLY NEWLETTER.