High Hedges
As of June 1st 2005, local authorities have powers under the Anti-Social Behaviour Act 2003 to intervene in disputes over high hedges. In dealing with formal complaints under the new legislation, the Council must decide whether the hedge is adversely affecting the complainant’s reasonable enjoyment of their property. Information relating to this matter, including leaflets, may be viewed at www.odpm.gov.uk/treesandhedges. The leaflets, along with East Devon District Council’s standard complaint form, are also available on this site.
Details of the new legislation are as follows:
The definition of a hedge insofar as the new legislation is concerned is essentially a line of two or more evergreen or semi-evergreen trees or shrubs of over 2m in height. Cypresses such as the infamous leylandii will be included, as will other conifers, yew, laurel, box and other evergreens/semi-evergreens. Individual trees and shrubs will be outside the scope of the legislation.
A complaint about a high hedge may be brought to the Council by the owner or occupier of an affected property, although the complainant is expected to have taken all reasonable steps to have resolved matters with their neighbour prior to involving the Council. In cases where direct negotiation with the hedge owner has proved unproductive, recourse to local community mediation services is appropriate prior to a formal complaint being lodged.
The legislation provides for the Council to charge a fee for dealing with a complaint. The fee at East Devon District Council is £350.
In determining complaints, the Council gathers information from the complainant and the hedge owner. An exchange of representations and a site visit takes place. It takes time for the Council to co-ordinate these tasks and complainants should not expect a decision for at least 12 weeks.
Blocking of light is a significant factor in the majority of complaints received, and guidelines are available on the objective assessment of the extent to which houses and gardens are shaded by hedges. Other factors are taken into account as circumstances dictate, including privacy, screening, blocking of views and the potential value of hedges as windbreaks. Problems relating to root activity (e.g. subsidence, roots taking moisture from the soil and affecting other plants and blocking of drains) are excluded from this legislation and are not taken into account.
If considered appropriate, the Council issues a remedial notice requiring that works be undertaken on a problem hedge. This becomes a charge on the property and legal obligations under such a notice pass to any subsequent owners. The Council does not have powers to require that hedges be reduced to less than 2m in height and the height to which it will be appropriate to reduce specific hedges will depend on the circumstances of each case. Remedial notices typically make provision for ongoing works to ensure that hedges are maintained at a reasonable height in the future.
The time limit for carrying out remedial works is given in the notice and needs to be reasonable in terms of giving the hedge owner the opportunity to enlist the services of a contractor if necessary and make arrangements for the works to be carried out. Owing to the need to protect nesting birds (the disturbance of which would contravene wildlife protection legislation), it is recommended that hedge cutting does not take place between March and August.
There is a right of appeal by the hedge owner against a remedial notice. Similarly, the complainant may appeal if the Council decides not to issue a remedial notice or if the Council issues and then subsequently withdraws a notice. Either party may appeal against the terms of a remedial notice on the grounds that it either goes too far or does not go far enough. Appeals are dealt with by the Planning Inspectorate.
The Council is able to take enforcement action if the terms of remedial notices are not complied with. Failure to comply incurs a fine of up to £1000 in a magistrates Court. Further fines can be incurred if compliance is not forthcoming after the first court appearance. The Council also has powers to enter land and carry out works required by a remedial notice and recover its expenses in so doing from the hedge owner.
The Council advises and provides information to residents within the District to facilitate amicable resolution of high hedge disputes wherever possible, and administers the formal complaints system in cases where all reasonable attempts at neighbourly conciliation have failed.
View this link for further information and to download a copy of the East Devon District Council complaint forms and notes relating to the new legislation
Current ODPM leaflets regarding high hedges can be downloaded by clicking the links below:
- View this link to download a copy of the ODPM leaflet - Over the Garden Hedge
- View this link to download a copy of the ODPM leaflet - The Right Hedge for You (pdf219KB)
- View this link to download a copy of the ODPM leaflet - High Hedges: Complaining to the Council (pdf394KB)
