High hedges

Please tell us what you think about our website, we welcome your feedback.

• What new legislation covers this issue?
• What is classed as a high hedge?
• What can be done if the roots of the hedge are causing damage?
• Who can complain?
• Is there a fee for the council to investigate?
• Is the authority obliged to investigate all complaints about high hedges?
• What reasonable steps need to have been taken before the council will investigate?
• If the council agrees to investigate what first steps will they take?
• If the council decides that the hedge is too high, what happens next?
• Does the Act give the council the power to require the hedge owner to reduce the height of the hedge to less than 2 metres in height?
• Does the hedge owner have a time limit to comply?
• What can happen if they fail to comply with the Remedial Notice?
• What can the council do if the hedge owner still refuses to comply with a notice?
• Is there a right to Appeal?

What new legislation covers this issue?

The law giving Local Authorities powers to deal with complaints about high hedges is contained in Anti-social Behaviour Act 2003 Part 8, which came into effect on 1st June 2005.

What is classed as a ‘high hedge’?

A high hedge is defined in the Act as a barrier to light or access as is formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees and rises to a height of more than 2 metres about ground level.

Please note individual trees and shrubs are not covered by this legislation.

What can be done if the roots of the hedge are causing damage?

The Act does not cover complaints about the effects of roots of a high hedge. The council will not, therefore deal with complaints made under this legislation. This is normally a civil matter between yourself and your neighbour.

Who can complain?

A complaint can be brought under the Act by the owner or occupier of the property affected by the hedge. The property must be residential and the hedge must detract from the reasonable enjoyment of your home and garden. You can download the forms and guidance for more information.

Is there a fee for the council to investigate?

Yes, a fee of £350 should accompany the application for investigation. This fee is non-refundable and no investigation will take place without receipt of cleared funds.

Is the authority obliged to investigate all complaints about high hedges?

No. The Council may decline to accept any complaint if it considers it to be frivolous or vexatious or if it considers that the complainant has failed to take all reasonable steps to resolve the issue prior to attempting to involve the Council. Remember: the Council should be your last resort.

What reasonable steps need to have been taken before the council will investigate?

The Council will require that the complainant has clearly demonstrated ways to try to resolve the matter, before contacting them. The complainant will need to provide written evidence that they have tried to mediate with their neighbour with regard to a reasonable height for the hedge, together with any responses or absence of response.

If the council agrees to investigate what first steps will they take?

Once the council has satisfied itself that the complaint is one they can deal with, an exchange of representations and a site visit will take place.

The council will decide whether or not the complaint is justified, in that the height of the hedge is indeed adversely affecting the complainants’ reasonable enjoyment of their property.

There will be no time limit within which the council must reach a decision. However, when a decision has been reached, all parties will be notified of the council’s decision together with reasons for that decision.

If the council decides that the hedge is too high, what happens next?

If considered appropriate, the council will issue a ‘remedial notice’. This will run with the land in question and is binding on whoever owns or occupies it. This includes not only whoever owns or occupies the land at the time of the notice issued, but also their successors. The remedial notice will set out what works should be carried out to the problem hedge, what preventative action needs to be taken to ensure that it is maintained to a reasonable height, and finally, the penalties they will incur if they fail to comply with the notice.

Does the Act give the council power to require the hedge owner to reduce the height of the hedge to less than 2 metres in height?

No. However, the height to which it will be appropriate to reduce specific hedges will depend on the circumstances of each case.

Does the hedge owner have a time limit to comply?

Yes. The notice will contain an ‘issue date’ and a date at least 28 days later will be cited as its ‘operative date’. The notice will also cite a ‘compliance period’ which will be a reasonable period, which allows the hedge owner the opportunity to make arrangements for the work to be carried out.

It is recommended that hedge cutting does not take place between March and August, as disturbance of nesting birds may contravene the Wildlife and Countryside Act 1981. Only after the expiration of the compliance period, may the council commence proceedings with non-compliance with the notice.

What can happen if they fail to comply with the Remedial Notice?

Failure to comply with the requirements of the Remedial Notice is an offence. The hedge owner can be convicted by a Magistrates Court and can be fined up to £1,000. The court may then issue an order for the offender to carry out the required work within a set period of time. Failure to comply with the Court Order would result in another fine of up to £1,000. From this point, the court would be able to set a daily fine of up to £50 for every day the work remains outstanding. Furthermore, it is also an offence to obstruct an officer of the council exercising a power under this Act, and if it occurs, this too is punishable by a fine of up to £1,000.

What can the council do if the hedge owner still refuses to comply with a notice?

If the owner of the hedge still fails to comply (without reasonable excuse), the council may make arrangements to get the requisite work carried out and then charge the hedge owner for all costs involved. These costs would be registered as a local land charge on the property.

Is there a right to appeal?

Yes. Any appeal by the hedge owner against a remedial notice must be made in writing. Appeals should be submitted on an official form provided by the Planning Inspectorate. The forms are available on the Planning Inspectorate website at www.planning-inspectorate.gov.uk or from:-

High Hedge Appeals Team,
Planning Inspectorate,
Regus House, Room 2/15,
1 Friary, Temple Quay,
Bristol BS1 6EA

Tel: 0117 344 5687.

Last updated: 28 June 2011