High Hedges
Part 8 of the Anti-social Behaviour Act 2003 introduced legislation which enables the owner or occupier of a domestic property affected by a high hedge to make a complaint to a local authority provided that:
- the hedge concerned is a line of two or more predominantly evergreen or semi-evergreen trees or shrubs
- the hedge is 2 metres or more in height
- the hedge is forming a barrier to light or access to their home or garden
- attempts have been made to amicably resolve the problem with the owner of the hedge
A fee is payable to the local authority, which is set locally; some authorities offer discounted rates for people on benefits.
The local authority’s role is not to mediate or negotiate between the complainant and the hedge owner, but to adjudicate on whether the hedge is adversely affecting the complainant's reasonable enjoyment of his property.
If the circumstances justify it, the authority will issue a remedial notice to the hedge owner setting out what the hedge owner must do to remedy the problem and by what date. The notice may specify future work on the hedge to ensure that it is maintained at a reasonable height. The Act allows for an appeal to the Secretary of State against the issue or withdrawal of a remedial notice; such appeals are dealt with by the Planning Inspectorate. Failure to comply with a remedial notice is a criminal offence.
If you wish to make a complaint about a high hedge, we can advise and assist you in all stages of that process. Alternatively, if you have been issued with a remedial notice we can advise on whether and how to appeal and we can assist if you are prosecuted for non-compliance with a notice.
Please call us on 01252 617119 to find out how we can assist you.