Planning - High Hedges
Introduction
Tall evergreen hedges sometimes become a problem between
neighbours when they affect light, access or otherwise impede a
person’s enjoyment of their domestic property. Occasionally
neighbours find it impossible to agree upon an amicable resolution
to such problems. From June 1st 2005 under the Anti-Social
Behaviour Act 2003 the council has the power in certain
circumstances to adjudicate between neighbours on such hedges. They
may issue a ‘Remedial Notice’ requiring changes to the hedge and
even enforce that notice should the owner of the hedge fail to
comply with it.
Neighbours must try to solve the problem between
themselves
The council must only be asked to intervene as a last resort
after the complainant has tried to talk to their neighbour, write
to them politely, or attempted mediation through a third party. If
the complainant cannot show that they have tried these methods the
council will not become involved and will not accept the
application. The council will not become involved if they feel that
the complaint is frivolous or vexatious.
There is a fee payable to the council for its service. This fee
is currently £200.
How does the process work?
If attempts to resolve the problem have failed a person affected
by a high hedge may complain to the council. They must fill in an
application form which is available online or from the council
office. This must be sent into the council along with the fee. If
the council decides that hedge is covered under the terms of the
legislation then it will investigate the complaint. They will write
to both parties to obtain their points of views and make a site
inspection. Once they have gathered all the facts they will decide
upon a course of action. They will not negotiate a solution between
the parties but make a judgement based upon the facts of the
case.
The council may decide that the problem is not serious and that
nothing needs to be done. If, however, the council decides that the
complaint is valid it may issue a ‘Remedial Notice’ telling both
parties what must happen to the hedge. This may be simply cutting
it back to a more suitable height or some other action as seen
appropriate to the council. It is likely that the hedge will also
be required to be maintained at the new height in the future. The
‘Remedial Notice’ will set out exactly what is required to be done
and what time scale it must be done in. The council cannot decide
to have the hedge removed or to cut it lower that 2.0m.
Under some circumstances the council may decide that no action
is appropriate even though the hedge is adversely affecting a
complainant’s property.
If either the owner of the hedge or the complainant doesn’t like
the council’s decision or a particular part of it then they may
appeal to the secretary of state within 28 days of the date of the
notice. The Secretary of state will then review the council’s
action and make its own decision on the case. The ‘Remedial Notice’
is suspended during the appeal process.
Once the ‘Remedial Notice’ has been issued or confirmed
following an appeal the owner of the hedge must carry out the terms
of the notice. If they fail to do so then the council may take
enforcement action against them, this may include going to the
Magistrates court and could mean a fine of up to £1000. If the
owner still does not comply the council may decide to do the
necessary works themselves and recover the costs from the
owner.
The ‘Remedial Notice’ becomes a charge upon the land and
therefore will apply to subsequent owners of the property.
