High Hedges: A Brief Guide

The Law

On 1st June 2005, Part 8 of the Antisocial Behaviour Act 2003 came into force.  This gives us the power to arbitrate in a dispute involving your neighbour’s high hedge and its affect on the reasonable enjoyment of your home or garden.

When will we become involved?

Before we can help, a number of conditions will need to have been met.  Briefly these are as follows (this is not a comprehensive list): -

• You have already approached your neighbour in an effort to resolve the dispute.  We may ask you to produce evidence of this, for example copies of letters or diary entries.
  
  
• The subject of your complaint must be a hedge and not just a single tree.
  
  
• The hedge needs to be evergreen or semi-evergreen.
  
  
• The hedge needs to be more than 2 metres in height.
  
  
• You are the owner/occupier of the affected land/property.
  
  
• Your land/property is residential.
  
  
• The hedge is growing on land owned by someone else.

How do I make a complaint?

Initially, please contact us by letter or e-mail.  Your letter or e-mail should include the following details:-

• Your address and contact details (we cannot deal with anonymous complaints).
  
  
• The address of the property or location of the land containing the hedge and the location of the hedge in relation to this property or land.
  
  
• Your reasons for complaint
  
  
• If possible, the type/species of hedge

What we will do

If your communication leads us to believe that you have a valid complaint we will issue you with an acknowledgement letter, complaint form and guidance note.  On receipt of a valid complaint form and fee we will then

• Send a copy of your complaint form to your neighbour, if you have not already done so and seek their views on your complaint.
  
  
• Visit the site to gather any further information that we may require.
  
  
• Determine, in light of all the facts, whether the hedge affects the reasonable enjoyment of your home or garden.
  
  
• If your complaint is upheld, we will issue a remedial notice on your neighbour. This tells them what works are required and when the works should be completed by.

If we believe that your complaint does not allow us to act in accordance with Part 8 of the Act, either at the time of your initial contact with us, or after our investigations, we will send you a letter explaining the reason for our decision

What we cannot do

The Act does not allow us to:

• Order the complete removal of the hedge.
  
  
• Order that the hedge be cut below 2 metres in height.

What if my neighbour ignores the remedial notice?

Failure to comply with this notice is an offence.  If prosecuted and found guilty, your neighbour faces a fine of up to £1000.

What if I disagree with your decision?

As the complainant, if you do not agree with our decision you may appeal to the independent Planning Inspectorate.  If you wish to appeal this must be done within 28 days of the date of our decision.

Where can I obtain more information?

• Ask us for copies of the Office of the Deputy Prime Minister’s (ODPM) publications “Over the garden hedge” and “High hedges: complaining to the Council”.  These can also be collected from our reception in Portland House, Richmond Road.
  
  
• Visit the ODPM website http://www.odpm.gov.uk
  
  
• You can speak to Mr. H. Barnes-Moss who is the Planning Officer dealing with complaints about high hedges on 01903 221348.
  

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