Civil/Housing Law

Institution Affiliation

Date

Introduction

The law provides many regulations under specific statutes that are useful in solving different problems and disputes. In this paper, different statutes will be discussed with reference to different case scenarios. The hedge dispute will be discussed while putting into consideration the set of regulations supported in the statute. Procedures followed in solving the high hedge disputes will be outlined. The research aims to give insights about the law that applies to preserving trees and the regulations that manage this law. Insights about the importance of environmental assessment will be discussed together with the law statute under which it is contained. The importance of environmental assessment will be discussed with respect to a case involving a golf course project proposal.

Hedge dispute

Under part VIII of the Anti-social Behavior Act 2003, complaints regarding hedge disputes can be taken to the council. The council’s role is to mediate and negotiate a level of agreement between the complainant and the hedge owner. A high edge could be described as a line or two or more evergreen or semi-evergreen trees or shrubs that are more than two meters high from the ground and create a barrier for light. The client is probable to be subject to legal consequences if the developer files complaints. The client’s trees are covered in the Act since they are more than two trees, and they exceed the height requirements according to the Anti-social Behavior Act of 2003 (Three Rivers District Council, n.d). The cypress trees are also predominantly green hence making them worthy of the complaints. After the complaints are raised, the council has full responsibility for making the final decision.

Several steps are followed to resolve the disputes. The council determines whether the trees’ height is negatively affecting the reasonable enjoyment of the complainant’s property by causing problems. Various factors influence the council’s decision, including the obstruction of light for the garden. Trees that are taller than the height required for a hedge cause an unreasonable loss of essential light. The solution does not necessarily result in the cutting of the trees. The decision encourages the adaptation of remedial or preventative actions to deal with the hedges’ problem (Three Rivers District Council, n.d). The solution reached focus on the work What could be done on the hedge to alleviate the problems it causes. In the case of the client and the land developer, the client is likely to be ordered to take preventative measures that focus on the continued works to ensure the trees do not result in more future issues. The remedial notice is given to the hedge owner with set dates for the compliance period. The compliance period may take effect the same day a remedy notice is given. The council is highly considerate of the possible achieved when setting up a compliance period.

Under the Anti-social Behavior Act 2003, the remedial notice targets both the owner of the hedge and the complainant. They are mandated to facilitate the problem-solving mechanism raised by the council. They are all held responsible for failure to comply with the remedial notice requirement, and they could both be prosecuted. The Act requires that the remedial notice include a clear statement pointing out the possible consequences likely to be faced for compliance failure (Three Rivers District Council n.d). For instance, in the case between the client and the land developer, both are required to put in combined efforts to ensure the problems caused by the Cyprus trees are solved or minimized. Both the owner and the complainant could be subjected to consequential fines or sentencing if they violate the notice’s requirements.

Under section 70 of the Anti-social Behavior Act of 2003, the council’s remedial notice should be withdrawn if there is an observation of a mistake. The withdrawal of the notice leads to the changes in the compliance period and the operative dates. According to the Anti-social behavior statute, the action to solve the hedges problems should not involve permanent removal of the hedge or reducing the height of the trees to two meters from the ground if the problem caused is not severe. Removal would lead to destruction or death of the tree, while excessive reduction of the trees’ height would lo lead to the death of older trees and weak trees. Work included in the remedial notice should strictly relate to the hedge. The suitable actions specified should directly relate to the issues resulting from the hedge only. If solutions call for drastic measures like removing the trees, it is upon the council to seek other legislative departments’ permission. Reducing the trees’ height involves cutting; the remedial notice should include advice on how the trees should be safely cut to maintain their beauty.

Tree Protection Order

The Tree Preservation Order is an order formed by the relevant planning authority to protect specific trees or a group of trees from human destruction. The Tree Preservation Order is protected under the Town and Country Planning Act 1990. With reference to this statute, the Tree Preservation Order makes provision for prohibiting the cutting down of trees, topping, lopping, uprooting, among other willful damage of trees, in a case whereby the client wants to work on the tree to prevent damages. Some procedures are supposed to be followed before carrying out the activity. The client should contact their local planning authority for permission. However, drastic orders do not apply when trees are cut because they are dead, dying, or dangerous. According to part VIII of the Town and Country Planning Act of 1990, chapter one, the tree preservation order prohibitions may be excused in scenarios where the authority permitted work to be performed on trees. Tree preservation regulations outlined in the statute may give provisions of the conditions in which consent is given. The regulation also offers details about the duration in which the consent remains active. The Tree Protection Order regulates which particular people or authorities should give consent.

Under the Town and Country Planning Act of 1990, the tree preservation regulations provide room for appeals upon refusal of consent. It provides a basis for appeals against the conditions necessary for approval to be given. A client can also appeal against a denial of approval if the conditions required were met. People who apply for permissions of being excused from prohibition by the tree preservation order may file complaints if the relevant authorities fail or take an extended time to respond to the applications. Relevant authorities and the regulations provide the form in which the application for approvals must be made. Orders implicated by the tree preservation order are not applicable where cutting, uprooting, topping, or lopping preserved trees is done in compliance with obligations imposed through the Parliament Act.

Regarding the Town and Country Planning Act 1990, part VIII, the tree preservation order may provide compensation if consent required under tree preservation regulation is refused. The compensation may also apply where consent is given under a certain condition. Compensation is done based on issues that arise regarding the tree preservation order. The regulations provide several details about compensation, including details about who must make the compensation, who is entitled to the compensation, and the amount to be compensated. People who make claims of entitlement are required to follow specific guidelines provided by relevant authorities.

According to the Tree Preservation Order enforced in the Town and Country Planning Act 1990, part VIII, an individual is guilty of a crime if they subject trees preserved trees to destruction. Criminals are liable for their actions, and they could face a jail term or consequential fines. The amount of the penalty is determined by a court of law. A Tree Preservation Order does not affect anything done by the forestry commissioners, the natural resources management departments, or any activities performed under compliance with these authorities’ directives. The directives must consider relevant plans. If a Tree Preservation Order should take effect immediately, the authorities responsible for enacting the order should exercise it immediately before they impose it on the public. Part VIII of the Town and Country Planning Act of 1990 explains that the secretary of states can impose an order after consultations with the local planning authorities. The secretary of state might also amend or revoke an existing order. The directives given by the secretary of state have the same effects as those made by the tree preservation bodies.

Proposed Golf Course

The Environmental Impact Assessment Process is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, which apply under Part III of the Town and country planning ACT of 1990. The Environmental Impact Assessment should identify, define, and assess the project’s direct and indirect impacts in the right way. Identifying the impacts should consider various environmental factors, including impact on the population and human health, the effect of the development on species and their habitat, and the impact on soil, water, air, and climate. The impacts of the development should include the operational effects on the factors outlined. The assessed effects should also include the project’s weakness to extreme events such as accidents and natural calamities. Necessary specialty to analyze the environmental statement should be ensured by the office responsible for the assessment. According to the Town and Country Planning (Environmental Impact Assessment ) Regulations 2017, the proposed project’s nature and purpose should be disclosed to the authorities, along with a plan sufficient to identify the land. The proposed project owner is required by law to explain possible additional effects that were not previously identified when the planning permission was granted.

A project such as a golf course can be a subject of the neighborhood development orders. These orders are determined by the significant effects likely to arise by virtue of nature, size, or project location. The assessment is usually carried out when development and the local planning authority have considered environmental information. An Environmental Statement is prepared by a party that needs to implement a proposed project for them to facilitate the environmental assessment during specific planning applications. With reference to the Town and Country Planning Act, a person intending to submit an environmental statement to the authorities should give a notice in writing. The notice should include the main environmental problem the person or owner of the project wishes to address. A development that does not follow the environmental regulations procedures is regarded as an unauthorized development.

The client’s proposed golf course project requires an environmental assessment. The project’s nature has a high possibility of coursing significant effects to the environmental factors outlined in the Town and Country Planning (Environmental Impact Assessment) Regulations of 2017. The proposed development would lead to severe operational impacts as a result of physical operations that enable its completion. Environmental assessment is a primary tool that governments use to prevent the destruction of the environment by emerging developments (Joseph et al., 2015). A golf course can adversely affect the species’ natural habitats and cause soil degradation and climate change in situations requiring cutting trees. A golf course that is not well located would be vulnerable to major disasters such as landslides or earthquakes.

Any person concerned about making an Environmental Impact Assessment application may ask the state’s planning authority to write their opinions regarding the scope and the degree of detail of the content to be incorporated in the environmental statement. According to the law statute, the application should include sufficient information to enable the planning authority to identify any planning permission associated with the most current application. Town and Country Planning (Environmental Impact Assessment) Regulations of 2017 states that any application received with inadequate information should not be retained by the authority; instead, it should be given back to the applicant with advice to add more information. The authority should also not retain an application until it has consulted the consultation departments if the scope has included sufficient information as per the requirement. Various factors should be considered before the authority adopts a scope, including providing information about a proposed development, the characteristics of a particular development, and the significant features likely to be affected. Despite the regulations articulated in the legislative Acts, the client should feel obliged to subject their project into assessment considering the nature of the development and the possible impacts.

Conclusion

Almost everything that exists in a country is protected by the law that governs that particular nation. The law, which is translated in various legislation Acts, provides a basis for settling disputes arising within society. For instance, in the case where a client is in dispute for growing high hedges, the law statute provides sufficient solution through the regulations enacted in the Anti-social Behavior Act of 2003. In another instance where the client requires advice about if they are permitted to work on preserved trees, the law provides guidelines onto the matter through the regulations outlined in the Town and Country Planning Act of 1990. Finally, a client requires advice about the need for an environmental assessment for their development plan. The law clearly outlines why such a project requires an Environmental Impact Assessment support by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, under Part III of the Town and country planning ACT of 1990.

References

Anti-social behaviour act 2003. (n.d.). Legislation.gov.uk. https://www.legislation.gov.uk/ukpga/2003/38/part/8

Joseph, C., Gunton, T., & Rutherford, M. (2015). Good practices for environmental assessment. Impact Assessment and Project Appraisal, 33(4), 238-254. https://doi.org/10.1080/14615517.2015.1063811

Three Rivers District Council. (n.d.). High hedges. Home. https://www.threerivers.gov.uk/egcl-page/high-hedges

The town and country planning (Environmental impact assessment) regulations 2017. (n.d.). Legislation.gov.uk. https://www.legislation.gov.uk/uksi/2017/571/contents/made

Town and country planning act 1990. (n.d.). Legislation.gov.uk. https://www.legislation.gov.uk/ukpga/1990/8/part/VIII