HIGH HEDGES

How high can a hedge around my neighbour’s garden grow?


The right hedge can be an ideal garden boundary but the wrong hedge may bring problems. High Hedges: complaining to the council is a leaflet to help you decide whether to complain to the council about a nuisance hedge.
The Hedgerow Regulations 1997 preventing unauthorised hedge removal do not usually apply to garden hedges, but sometimes the situation is the converse; the hedge has become too high and needs management. Some householders are troubled by their neighbours’ high hedges. These can be fast growing conifer hedges, especially Leyland Cypress (known as Leylandii). It is always better for the parties to discuss the problems and to try and reach an amicable arrangement.
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Involving the council should be a last resort if you and your neighbour really can’t agree a solution. The council can refuse to intervene if it thinks you haven’t done everything you reasonably could to settle your dispute.

The Anti-social Behaviour Act 2003 created procedures which enable local authorities in England and Wales to deal with complaints about high hedges. It came into force on 1 June 2005.
Where negotiation fails, a complaint can be made to the council who will be able to assess the case, acting as an independent and impartial third party. If they think it is justified, the council can order the owner to reduce the height of their hedge. But there is no general requirement that all hedges should be kept below a certain height.
If you believe that a neighbour’s hedge constitutes a nuisance to you then you may be able to complain to the council. However, unless you can answer yes to all the following questions, the council cannot become involved.
  • Is the hedge growing on land owned by someone else?
  • Is the hedge - or the portion that is causing problems – made up of a line of two or more trees or shrubs?
  • Is the hedge mostly evergreen or semi-evergreen?
  • Is the hedge more than two metres tall?
  • Even though there might be gaps in the foliage or between the shrubs or trees, is the hedge still capable of obscuring light or views?
For more information on this issue visit the website of Communities and Local Government.

Cost of complaining

Like most local authorities, the council charges a fee for high hedges complaints. The full fee is £340. If someone on the Register of Electors living in the affected property is in receipt of one or more means-tested benefits the discounted fee is £170.

If you do make a complaint, you should continue to negotiate with the hedge’s owner. Once a complaint has been made they might change their mind about the hedge. If you are able to withdraw the complaint before the Council has made a decision, you may be entitled to a refund of up to 75% of your fee. If you do not withdraw the complaint no refund will be offered, whatever the council decides.

If you wish to make a complaint contact Tree Team to obtain a blank form and advice notes or you can download the form. With a guide to completing the form.

High Hedges: complaining to the council is a leaflet to help you decide whether to complain to the council about a nuisance hedge.
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Page last updated on: 14/04/2011