High hedges
This page provides you with information regarding the law relating to 'high hedges' and what you and the Council can and cannot do about them.
About high hedges
A well chosen and well maintained hedge can be a beneficial and attractive garden feature, providing a valuable habitat for wildlife.
Hedges that are not well maintained and those which are made up of particularly fast growing species can cause problems by overshadowing and reducing light to neighbouring properties.
The legislation which applies to the issue of high nuisance hedges is the 2003 Anti-Social Behaviour Act (Part 8). The aim of this legislation is to involve the Council only after you have tried talking to your neighbour and if necessary tried independent mediation. Complaining to the Council should be seen as a last resort, when all other reasonable efforts to resolve the dispute have been exhausted.
You may be able to ask the Council to take action under this legislation. A fee of £480 is payable for the Council to take action under this legislation.
The legislation covers hedges that are over 2 metres in height, and the following conditions must apply:
- consist of a line of 2 or more trees or shrubs
- the hedge is made up mostly of evergreen or semi-evergreen trees or shrubs with no significant gaps
- the hedge is blocking light or access to a residential property (including the garden and grounds of the property)
An example of a hedge covered by the legislation would be a row of six conifers, 4 metres high blocking light to the lounge window of a neighbouring house.
An example of a hedge not covered by the legislation would be a row of five 1 metre high beech trees, that lose their leaves in the winter.
What can I do?
You should initially approach your neighbour. You may also like to consider contacting a mediation service to try to resolve the matter between yourselves.
If you are unable to reach agreement with your neighbour, you can contact the Planning Service as a last resort after all other avenues have been investigated and exhausted. If you submit a formal complaint to us you will need to provide evidence of all the steps you have taken to try to resolve the matter. If you don't, we will not be able to pursue your complaint.
How to complain
Complaints must be made on the high hedges complaint form. Once the Council is satisfied that the form and documents submitted, together with the appropriate fee, meet the criteria for a complaint, the formal investigation process can begin.
The Council will invite the owner and any occupier of the land where the hedge is situated to submit representations. Copies of any representations submitted to the Council must be sent to the complainant at the same time.
Following the exchange of representations, a Council Officer will visit both the property where the hedge is situated and the complainant's property in order to record the dimensions of the hedge, its species composition, its position relative to property boundaries and buildings, distance between hedge and windows in the complainant's property and variations in site levels. The Officer may also require access to the interior of the allegedly affected property. It will also be necessary for the Council to consider the wider issue of the level of contribution the hedge makes to public amenity; this will include visual and habitat benefits that the hedge provides.
The role of the Council is to act as an independent and impartial third party. There is no scope in the legislation for the Council Planning Service to negotiate or mediate between individuals, but to adjudicate on whether the hedge is adversely affecting the reasonable enjoyment of the complainant's property.
The submission of a complaint does not necessarily mean that the Council will require the height of the hedge to be reduced, and in any event it cannot require the hedge to be reduced to less than 2 metres, to be removed or to require works that would result in the death of the hedge.
If, after considering the evidence and representations, the Council agrees that the hedge does adversely affect the complainant's property it can serve a Remedial Notice specifying what must be done to the hedge and within what period of time.
Should either the hedge owner or the complainant be unhappy with the Council's decision, there is a right of appeal to the Planning Inspectorate.
For more information
Please refer to the following Department for Communities and Local Government (DCLG) publications for further advice and guidance on hedges:
Page updated: 30 Nov 2011
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