CHAV repellant plants

With barbed wire or glass a wall under 2.4 metres would not be allowed if the wall is adjoining a public highway. section 104 Highways Act 1980. It would be considered as causing a public nuisance. Even above this height these may be deemed as a nuisance by the local council.

Sorry but the carpet grip would not let you off the hook! You would be liable under the Occupier’s Liability Act 1984. If the owner goes to the court the criteria applied would be if it was predictable that someone would be injured. Colins post is clear that it would be predictable. The act places a legal duty of care on the owner/those managing property to protect people from harm, either legally or illegally.

As for placing a warning sign, the occupier/managing agents are already liable and so there is no accepting additional liability. A clear sign indicating the danger could be considered by the court as discharging responsibility, but the court would consider all the circumstances.

For instance if you have a residential property there is reasonable chance you might have a young child visiting you. If the child then shreds their fingers because they are legally playing on your property you are going to be liable. By placing carpet grips away from the outerside of the wall where it is less likely to be seen and without any warning signs it could be easily argued rather than complying with the Owners Liability Act 1984 you have deliberately set out to cause injury. As mentioned you would need signs on both sides of the wall. Remembering the criteria is predictability, if you put a written sign up how predictable is it that someone may try to enter your property who cannot read English?

These methods should be discouraged as much as possible, and if considered it is recommended that advice is sought first, both from the council and the local crime prevention officer.

Replies

Robert Stoutzker March 23, 2009 at 5:24pm

Hi Bob,

I had address a similar planting issue for a client last year. Have a look at the following website, it lists most of the options and the choices are such that you should easily find one(or more) that can be incorporated into your planting scheme
http://www.shrubs.co.uk/plants-recommended-by-police-418-c.asp

Good luck Robert
steve loftus March 23, 2009 at 6:05pm

pyracantha,berbs,mahonies,hawthorn ,
who named it cock-burni-anus....nice one,is that latin...whats the english,or shall i guess
Kerrie John-The garden design Co March 23, 2009 at 6:38pm

Yucca's always in a nasty mood with it's hypodermic needles, but looks great.
Kerrie John-The garden design Co March 23, 2009 at 8:14pm

Is any method such as broken glass, razor wire etc legal if on the INSIDE of the garden?
steve loftus March 23, 2009 at 8:25pm

its normally these people who leave glass behind,im not sure,but glass could be said to have been put there for the sole purpose of "wounding with intent",even a sign warning of the presence of glass just proves the point,you are then admitting liability.
this is why you don't see the "mud on road" signs as much,they are admitting liability for accidents.
a neighbor about 20 doors up had this problem,he has a footpath next to his house,he put a grease/oil/tar mix across the top of the wall,its always tacky....you wont see the white 3 stripes sitting on that with the helly hanson jackets on
PRO

Paul @ Ashgate Garden Care March 23, 2009 at 8:28pm

Blackthorn for an anti chav plant definately. Anyone who has the pleasure of pruning it will vouch for that.
PRO

Phil Voice March 23, 2009 at 8:38pm

Here in France they use discipline as a deterrent. Kids under fourteen are subject to a curfew after 9pm unless they are accompanied by an adult.

It is amazing (and it has to be seen to be believed) how quiet the towns are at night.
Kerrie John-The garden design Co March 23, 2009 at 9:12pm

chav - council house and violent.

We live in a very quiet village, there are a few council houses here and the tenants are not violent but lovely, happy families and good friends.

There are other villages around us that suffer from anti social youths. Curfew sounds like a better way to go than ASPO'S.
steve loftus March 23, 2009 at 9:17pm

i like a dry blackthorn....
dgeorgea March 23, 2009 at 9:20pm

With barbed wire or glass a wall under 2.4 metres would not be allowed if the wall is adjoining a public highway. section 104 Highways Act 1980. It would be considered as causing a public nuisance. Even above this height these may be deemed as a nuisance by the local council.

Sorry but the carpet grip would not let you off the hook! You would be liable under the Occupier’s Liability Act 1984. If the owner goes to the court the criteria applied would be if it was predictable that someone would be injured. Colins post is clear that it would be predictable. The act places a legal duty of care on the owner/those managing property to protect people from harm, either legally or illegally.

As for placing a warning sign, the occupier/managing agents are already liable and so there is no accepting additional liability. A clear sign indicating the danger could be considered by the court as discharging responsibility, but the court would consider all the circumstances.

For instance if you have a residential property there is reasonable chance you might have a young child visiting you. If the child then shreds their fingers because they are legally playing on your property you are going to be liable. By placing carpet grips away from the outerside of the wall where it is less likely to be seen and without any warning signs it could be easily argued rather than complying with the Owners Liability Act 1984 you have deliberately set out to cause injury. As mentioned you would need signs on both sides of the wall. Remembering the criteria is predictability, if you put a written sign up how predictable is it that someone may try to enter your property who cannot read English?

These methods should be discouraged as much as possible, and if considered it is recommended that advice is sought first, both from the council and the local crime prevention officer.