Antisocial
Behaviour Act 2003 - Part 8
High Hedges
A well-maintained hedge can be an attractive and long lasting landscape
and ecological feature in an urban area. It is often used to define
property boundaries and provide privacy, shelter and security. However,
choosing the wrong hedging plants can lead to difficulties in the
future.
As a result of a number of nationally publicised cases involving
disputes over high hedges, particularly Leylandii species, legislation
has been introduced within the Antisocial Behaviour Act 2003. Part
8 of the Act came into effect on 1 June 2005, and gives local authorities
powers to determine complaints submitted by householders in respect
of a neighbour's high hedge. The purpose of the legislation
is to involve the Council only as a last resort, when all other
reasonable efforts to resolve the dispute have been exhausted.
 The
new legislation does not require hedge owners to maintain their
hedges at a given height automatically, and it will not apply to
individual trees.
What constitutes a High Hedge
For the purposes of the legislation a High Hedge must satisfy the
following criteria:
- Is the hedge, or the portion that is causing a problem, made
up of a line of 2 or more trees or shrubs.
- Is it mostly evergreen or semi-evergreen (semi-evergreen is
a tree or shrub that keeps some live or green leaves all year
round)
- Is it more than 2 metres tall.
Return to top of page
Settling problems amicably
People do not normally need permission to plant a hedge in their
garden and there are no general restrictions on how high you can
grow them. Although the Planning legislation limits the height of
walls and fences, these controls do not apply to hedges.
A householder who has a problem with a neighbour's high hedge
should approach the owner and attempt to reach a mutually agreeable
solution on the matter. Before contacting the owner, be clear what
the problem is. Demonstrate to the hedge owner how you think the
hedge affects the reasonable enjoyment of your property and what
could be done to alleviate the problem. Talk directly or by telephone
to the hedge owner, explain your concerns and invite the hedge owner
to view the hedge from your property.
Make notes of any discussions and confirm your meeting in writing
with the hedge owner for future reference, and as the necessary
evidence should you intend to involve the Council at a later date.
Allow the hedge owner a reasonable period of time to respond to
your approach, say two weeks.
If the hedge owner does not agree to your initial request, ask
if they would accept assistance from a local arbitration service
to see if a mutually agreeable solution can be reached.
Should you wish to take the matter further, in the event that the
above approaches are unsuccessful, write to the hedge owner again
stating that you are considering making a formal complaint to the
Council.
Disputes over high hedges may have been running for some time;
if no attempts have been made to resolve the matter within the last
4 months, a complainant is advised to make a further approach to
the hedge owner and request some action in the light of the new
legislation.
Return to top of page
Submitting a Complaint to the Council
In the event that a dispute cannot be resolved amicably the complainant
may make a formal complaint to the Council, and evidence of his/her
previous efforts to settle the matter will be required as part of
any submission. A complaint may be made because the height of the
hedge detracts from the reasonable enjoyment of the home or garden,
but does not extend to root activity (e.g. subsidence, as householders
already have the ability to deal with this issue in Common Law).
A complaint form and guidance notes are available from the Council's
Development Control Division, Email developmentcontrol@bexley.gov.uk
or telephone 020 8308 7751.
A complaint may only be made by the owner/occupier of a
residential property.
It is essential that the information required by the form be provided,
as the Council may be unable to deal with the matter if anything
is missing. Copies of supporting documents will also be required.
In submitting a formal complaint, the complainant is required by
the legislation to send a copy of the complaint to the owner of
the hedge.
In addition, Bexley Council will require the complainant to pay
a fee of £135 at the time of submitting the
complaint. If the Council determine that a complaint is frivolous
or vexatious an administration charge of £35
will be deducted from the fee and the remainder returned.
Return to top of page
Consideration of Complaint
Once the Council are satisfied that the forms and documents submitted
satisfy the criteria for a complaint, gathering the necessary evidence
to determine the matter will begin.
The Council will invite the owner and any occupier of the land
where the hedge is situated to submit representations on the matter.
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. It will also be necessary for the
Council to consider the wider issue of the level of contribution
the hedge makes to public amenity.
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
to negotiate or mediate between individuals, but to adjudicate on
whether the hedge is adversely affecting the reasonable enjoyment
of the complainant's property.
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.
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.
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.
Return to top of page
Enforcement and Penalties
Failure to comply with the requirements of a Remedial Notice is
an offence punishable, on conviction in a magistrates' court,
to a level 3 fine (up to £1000).
In addition to the power to prosecute for failure to comply with
a Remedial Notice, the Council may enter the land where the hedge
is situated and carry out the necessary works. There is no requirement
or obligation for the Council to do this, but should this happen
the Council would be able to recover any reasonable costs incurred.
Return to top of page
Links to Advice and Guidance
|
High
hedges: complaining to the Council over the garden hedge