High Hedges

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

Initially we can offer advice and information about high hedges but cannot take a formal complaint from you unless you can demonstrate that you have taken all reasonable steps to resolve the issue with the owner of the hedge. This is a compulsory part of the complaint process and cannot be avoided.

How do I know if it's a high hedge?

To qualify as a high hedge for the purposes of the Legislation, the hedge must be;

two or more evergreen or semi evergreen trees, bushes or shrubs (including holly, laurel, rhododendron and leylandii)
roughly in a line without substantial gaps between the trees, bushes or shrubs
on land owned by another person
over 2 metres tall (6ft 6 ins)

Please note we cannot action complaints about single trees, bushes or shrubs.

When you contact us to make a complaint, we will take all the relevant information and send you a letter, information leaflets and a complaint form that explains the process in detail, including the amount of the statutory fee we are required to charge. We do not write to the person with the hedge at this stage, it is up to you to make contact with them.

Our role 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 complainants reasonable enjoyment of their property'. In doing so, we must take account of all relevant factors and must strike a balance between the competing interests of the complainant and hedge owner. To do this we calculate a 'hedge action height'.

How is the hedge action height calculated?

We use a formula provided by the Legislation and look at;

the height of the hedge
the orientation of the complainants house or garden
how close the hedge is to the complainants house
how much any window or part of the garden is overshadowed

The hedge action height will never be less than 2 metres but may be 3, 4 or 5 metres high.

Is it worth proceeding then?

On receiving the information, you have to decide whether you wish to pay the fee and proceed.

How do I make a formal complaint?

Complete the complaint form that came with the letter from us, remembering to include evidence of your contact with the hedge owner, any relevant photographs and the fee, and return it to the address on the form.

If we consider the circumstances justify it, we will serve a notice on the hedge owner which will set out what they must do to the hedge to remedy the problem eg cut it down to a certain height, and when by. Failure to carry out the works required is an offence which, on prosecution, could lead to a fine of up to £1,000.

How much does it cost?

We are required to charge a fee for accepting a formal complaint with regard to high hedges. The fee has been set at £500, reduced to £200 for those on certain means tested benefits. Without this fee we cannot action your complaint.