“CUT YOUR HEDGE!"

Stratford Evening Post, Volume XXXV, Issue 14, 15 January 1913, Page 8

“CUT YOUR HEDGE!"

THE OWNER OBJECTS, AND WINS. At Ashburton on Friday before Mr. Day, S.M., Armer A. Orr applied to have set aside an order by the Ashburton Borough Council to cut a fence.

Plaintiff’s counsel admitted that the hedge did encroach on the footpath, but contended that it was not an obstruction to the path. If cut it would merely prove an eyesore, and lessen the value of the property by about £IOO, and serve no purpose whatever. The council’s solicitor contended that the street had to be 66ft. wide, and that the hedge encroached on the footpath.

His Worship enquired how Ashburton would look if all the hedges were cut back. All the Council could do was to force the owner to move, lower, or trim a hedge if in their opinion the hedge was an obstruction. He had inspected the hedge referred to, and was of the opinion that it did not obstruct the footpath. Council’s solicitor (Mr. Aclnnd) said that as the hedge was hanging over the road anyone could cut it back, and the owner would have no means of redress.

His Worship disagreed with Mr. Acland on this point. The public could not cut a hedge with impunity. Mr, Acland said that if a hedge were allowed to grow it was giving the public power to lessen the width of a street.

The Magistrate replied that if the Councillors sanctioned the wholesale cutting back of hedges he did not think that they would be elected at the next election. He himself would be one of the first to lead an agitation against such an action. Ho suggested that the case be adjourned for four months until the time of the municipal election. The adjournment was objected to, and after Mr. Hay had ascertained that there was no Ashburton beautifying society in existence, and ha:l expressed the opinion that the local newspaper would take the matter up, he said that he would allow an appeal, and set the order aside on the grounds that the hedge caused no inconvenience or obstruction to traffic, drains.