16
Under reference to item 25 of the Minute of the meeting of the Council held on 28 April 2016, there was submitted a report by the Director of Development & Housing Services relative to a review of the high hedge application fees and the assessment process.
The report intimated that each local authority was required to set a fee for dealing with a high hedge application and a survey had been undertaken of other local authorities in Scotland, the results of which were detailed in Appendix 2 to the report. The fees varied from the lowest at £192 and the highest at £500, with the fee for Renfrewshire set at £401, which was representative of the average fee charged. Local authorities could also vary or refund fees in certain circumstances where the applicant was in receipt of a low income, if the application was dismissed or if the application related to multiple hedges. Renfrewshire Council already operated a variation in relation to the latter two categories, similar to a small number of other authorities. In order to ensure that Renfrewshire residents who were on a low or fixed income were not unreasonably denied access to the High Hedge legislation, it was considered appropriate to apply a concessionary rate of 25% of the normal fee to those applicants who could demonstrate they were in receipt of a means tested benefit, such as guaranteed pension credit, income support, jobseekers allowance, income-related employment and support allowance, council tax reduction, housing benefit and working tax credits.
The report highlighted that Renfrewshire Council’s current guidance stated that on receipt of an enquiry, officers would visit the site and would offer general advice as to whether or not a hedge was likely to fall within the scope of the Act and the statutory definition of a ‘high hedge’. Appendix 2 to the report indicated that one local authority was known to offer a ‘pre-application advice’ service and this was charged at a rate of £80. The authority made clear that this service was only intended to advise on whether an application could be accepted, not whether a notice was likely to be served. This was not dissimilar to the approach that Renfrewshire Council already adopted, in that advice was given, on a non-chargeable basis, but was limited to whether an application could be accepted. There was no evidence to support the introduction of a ‘free pre-application’ service which would offer more than was currently provided and crucially which would avoid the perception of bias being introduced into the early stages of the formal process.
Councillor B Brown, seconded by Councillor Gilmour, moved:
(a) That the High Hedge guidance and fee structure, as detailed in Appendix 1 to the report, be approved; and
(b) That it be noted that officers would continue, on a non-chargeable basis, to inspect alleged ‘nuisance’ trees on site in advance of a formal application and offer general advice on the circumstances where the High Hedges (Scotland) Act 2013 may offer a route for independent adjudication/arbritration.
Councillor Nicolson, seconded by Councillor McGurk, moved as an amendment to:
Approve the High Hedge Guidance and the fee structure attached as Appendix 1 to this report with the following amendments:
That the fee be set at £200.
That the guidance be amended to specifically refer to the availability of pre-inspection and the non chargeable basis in advance of any formal application being submitted.
Dismissed applications to receive a 75% refund.
On the roll being called, the following members voted for the amendment: Councillors Audrey Doig, Andy Doig, McGurk, Nicolson, Perrie and M Sharkey.
The following members voted for the motion: Councillors B Brown, Caldwell, E Devine, Gilmour, Glen, Hood, J MacLaren and Murrin.
6 members having voted for the amendment and 8 members having voted for the motion, the motion was accordingly declared carried.
DECIDED:
(a) That the High Hedge guidance and fee structure, as detailed in Appendix 1 to the report, be approved; and
(b) That it be noted that officers would continue, on a non-chargeable basis, to inspect alleged ‘nuisance’ trees on site in advance of a formal application and offer general advice on the circumstances where the High Hedges (Scotland) Act 2013 may offer a route for independent adjudication/arbitration.