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High Hedges
an overview of the current situation . . .

The Current Position
Part 8 of the Anti-social Behaviour Act 2003, which gives local authorities powers to deal with complaints about high hedges, came into operation in England on 1 June 2005.

Introduction
Since 1 June 2005, provided they have tried and exhausted all other avenues for resolving their hedge dispute, people have been able to take their complaint about a neighbour’s evergreen hedge to their local authority - the district or borough Council.

The role of the local authority is not to mediate or negotiate between the complainant and the hedge owner, but to adjudicate on whether - in the words of the Act - the hedge is adversely affecting the complainant’s reasonable enjoyment of their property. In doing so, the authority must take account of all relevant factors and must strike a balance between the competing interests of the complainant and hedge owner, as well as the interests of the wider community.

If they consider the circumstances justify it, the local authority will issue a formal notice to the hedge owner which will set out what they must do to the hedge to remedy the problem, and when by. Failure to carry out the works required by the authority is an offence which, on prosecution, could lead to a fine of up to £1,000.

You can contact ODPM, The Office of the Deputy Prime Minister, about high hedge matters at hedges@odpm.gsi.gov.uk. The legislation is accessible on the link www.opsi.gov.uk

Cutting the tall stories down to size

• The legislation does not require all hedges to be cut down to a height of 2 metres.
• You do not have to get permission to grow a hedge above 2 metres.
• When a hedge grows over 2 metres the local authority does not automatically take action, unless a justifiable complaint is made.
• If a complaint is made to the local authority, it does not follow automatically that they will order the owner of the hedge to reduce its height. They have to weigh up all the issues and consider each case on its merits.
• The legislation does not cover single or deciduous trees.
• The local authority cannot require the hedge to be removed.
• The legislation does not guarantee access to uninterrupted light.
• There is no provision to serve an Anti-social Behaviour Order (ASBO) in respect of high hedge complaints.

There is typically a charge, levied by the local authority, prior to their investigation of a complaint. The level of this charge varies between authorities, from some who make no such charge, to others who require a payment of anything up to £500.

Contacts
If you would like further advice on High Hedges, perhaps because you own such a hedge, or your property is affected by one, please contact Nicholson Nurseries, either by telephone or by using the email links on the Contacts page. The detailed application of the new laws varies from region to region, particulary with regard to the imposition of costs. We now have experience of working with councils in Oxfordshire, Buckinghamshire, Warwickshire, Northamptonshire, Gloucestershire, Berkshire, Wiltshire and Worcestershire, and should be able to offer the latest advice on interpretation.