Call for tree legislation loophole to be closed

LISBURN Councillor Luke Poots has called on Environment Minister Alex Atwood to close a loophole preventing the enforcement of the ‘high hedge’ legislation.
Councillor Luke Poots.Councillor Luke Poots.
Councillor Luke Poots.

Mr Poots wrote to Mr Atwood after a number of residents in the Magherdartin Road area of Hillsborough complained that high trees were blocking light and the view from their homes.

A notice had been served on the landowner, however as he lives predominantly out of the country, the notice became unenforceable.

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A spokesperson for Lisburn City Council, who have ultimate power to enforce the high hedge legislation, explained: “A Council Officer has been dealing with a complaint pertaining to a particular high hedge in the Hillsborough area.

“A number of avenues have been pursued and the Council has given advice on steps regarding the complaint, including speaking with other agencies.

“The Council believes it to be the case that the owner of the high hedge is not currently residing in the country. This has been discussed with the complainant. The Council sympathises with this problematic situation and remains committed to assisting the complainant should the situation change, however at this point the Council has no powers to act on this matter as the owner is living outside Northern Ireland.”

Mr Poots has negotiated with the landowner, who has agreed to cut the trees back.

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However, he said the loophole needs to be closed to prevent this happening again.

“Legally to follow through with the complaint the owner of the property must be contacted before any thing can be done. This puts those affected in a terrible position. I was left with no option but to write to the Environment Minister, asking that the issue be dealt with.

“There will have to be exceptions made regarding high hedges legislation when proprietors of site are absent as this is causing people all around the province great difficulty and also at their expense,” he concluded.