High hedges
Last updated: 18/06/2013
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This page offers advice if you
think that a high hedge is detracting from the reasonable enjoyment
of your property, home or garden. The page gives information on
what to do to make a complaint to the Council.
The role of the council will not be to mediate or negotiate but
to adjudicate on whether, in the words of the Act, the hedge is
adversely affecting your reasonable enjoyment of your property.
The Council will take account of all relevant factors and will
strike a balance between the competing interests of the complainant
and hedge owner, as well as any interests of the wider
community.
If the Council consider the circumstances justify it, we will
issue a formal notice to the hedge owner which will set out what
they must do to the hedge to remedy the problem, and by when.
Failure to carry out the works required by us will be an offence,
which on prosecution, could lead to a fine of up to £1,000.
The Facts:
- The legislation does not require all hedges to be cut down to a
height of 2 metres
- You do not have to get permission to grow a hedge above 2
metres
- When a hedge grows over 2 metres the local authority does not
automatically take action, unless a justifiable complaint is
made
- If you complain to your local authority, it does not follow
automatically that they will order your neighbour to reduce the
height of their hedge
- They have to weigh up all the issues and consider each case on
its merits
- The legislation does not cover single or deciduous trees
- The local authority cannot require the hedge to be removed
- The legislation does not guarantee access to uninterrupted
light
- There is no provision to serve an Anti-social Behaviour Order
(ASBO) in respect of high hedge complaints.
Before you complain
Satisfy yourself that
you have tried and exhausted all other avenues for resolving your
hedge dispute. Useful information on how to attempt to resolve
disputes can be found in the government’s publication “Over the
Garden Hedge”.
Follow this offsite link for direct access to this publication and
more.
How to complain
If you still wish to
proceed and make a formal complaint, you will need to submit a
completed form along with the appropriate fee of £320. To download the
high hedge complaint form please select this link and choose the
relevant area.
Right of Appeal
If you disagree with the
Council’s decision on a complaint about a high hedge, or in
connection with any remedial notice that has been issued, you
may be able to ask the Planning Inspectorate to review the case.
There are also some circumstances under which a complainant may
appeal if the Council has made a decision otherwise than in his or
her favour.
Follow this link for more information on High Hedge
appeals.