High Hedges (No. 2) Bill Adoption of Provisions by Relevant Authorities 20 Jun 2003

Mr. Christopher Chope (Christchurch): So that hon. Members can follow the argument, I should explain that "relevant authority" is defined in clause 1 as the local authority in whose area the land on which the high hedge stands is situated. The new clause would give discretion to local authorities to consider whether they wished to opt in to the regulatory regime set out in detail in the Bill. It is modelled on an important precedent in sections 2 to 9 of the Noise Act 1996, which deal with a nuisance issue.

Lawrie Quinn (Scarborough and Whitby): I am following the hon. Gentleman's argument closely. Is it not the case that the problems to which noise regulations apply occur principally in urban areas? An advert in a newspaper in an urban area with a particular circulation might not work as well in rural areas such as mine, where high hedges often give rise to problems with near neighbours, sometimes with violent consequences. Such problems form a large part of my work load, and the idea of publishing in a newspaper might not apply so clearly to a rural area.

Mr. Chope: I do not agree. The provision in the 1996 Act applies to all areas. Complaints about noise are much more frequent than complaints about high hedges. Local authorities and their residents are much more concerned about noise. I do not know whether that is reflected in the hon. Gentleman's postbag, but my postbag contains many letters on noise. Much of last Friday's debate on fireworks centred around noise and the antisocial behaviour of people who use fireworks in a way not intended by the manufacturer. Unlike the hon. Gentleman, I think that the noise issue affects all local authority areas, as does the nuisance caused by high hedges. What could be more reasonable than having an active local debate, generated through the columns of local newspapers, involving councillors and council tax payers, on whether a local authority should opt into the Bill's provisions?

+++

Lawrie Quinn: The hon. Gentleman talks eloquently about the concerns of local authorities. What discussion has he had with the LGA and his local authority?

Mr. Chope: I have had discussions with the LGA in the past about the issue of burdens. As a Vice-President of the LGA, which I am proud to be, I am also very much aware of the concerns that it has expressed about, I think, this Bill - but if not this Bill, certainly about others - and the additional burdens that are imposed. The Government have accepted that as a result of the burdens principle, they should reimburse local authorities for the additional costs incurred because of new regulatory burdens that are placed on them. The problem, as I said on Second Reading and, I think, in the debate on the money resolution, is that the money that the Government say they will make available to discharge local authorities' financial burden is not distributed to authorities on a pro rata basis proportionate to their actual costs.

+++

(Mr Chope drew a long comparison with concessionary bus fares)

Lawrie Quinn: I was beginning to fear that the hon. Gentleman had strayed on to the bus when we should really be sitting on the hedge. Has he studied clause 13(3) and (4), which explain that an authority's expenses would be recoverable? Is he saying that he feels that local authorities would not be able to recover such expenses, as envisaged in the Bill?

Mr. Chope: I am saying that because of what is in the regulatory impact assessment and the draft guidance produced by the Minister. I do not know whether the hon. Gentleman has had a chance to look at the draft guidance, but what that and the regulatory impact assessment make clear is that any shortfall will be funded out of general revenue support grant. As he knows, as he is probably more expert on this subject than anyone in the Chamber, revenue support grant is distributed according to a formula, so for a council such as East Dorset, which does not receive anything, being told that it will be reimbursed through a grant formula rather than through a specific grant is no consolation.