R (on the application of Matteo Castelli) –v- Merton London Borough Council

[2013] EWHC 602 (Admin)

1st February 2012



Judicial review challenge to a decision as to what constitutes a “high hedge” under Part 8, Anti-Social Behaviour Act 2003, where interference with amenity enjoyed by a residential occupier was alleged by the presence of trees on the edge of parkland. The court considered the administrative procedure for determining complaints under Part 8, the non-statutory guidance issued in respect of Part 8 and the meaning of the term “high hedge” in section 66 of the 2003 Act. The court identified errors of law in the decision subject to the claim but held that the determination that there was no “high hedge” present was lawful.


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