From the 1st June 2005, provided that you have tried and exhausted all other avenues to resolve your hedge dispute, you will be able to make a complaint about your neighbour's evergreen or semi-evergreen hedge to the Council.

 

If you are troubled by a neighbouring hedge, the best way to deal with the problem is to discuss it amicably with your neighbour and to try to agree a solution. For this reason, the law requires people to take reasonable steps to try to resolve their hedge dispute for themselves before complaining to the Council. 

 

If the Council considers the circumstances justify it, it will issue a formal notice (Remedial Notice) to the hedge owner which will set out what they must do to the hedge to remedy the problem and the date by which the remedial work must be carried out. Failure to comply with the notice is an offence which, upon conviction in the Magistrates Court, could lead to a fine of up to £1000.

The fee for making a formal complaint to the Council about a high hedge is £300.00p. The fee is to be reviewed initially after 6 months and thereafter on an annual basis. 

 

A high hedge is a barrier to light or access formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees or shrubs that rises to a height of more than 2 metres (6'6").

When considering whether a particular hedge is a 'high hedge' you should ask yourself the following questions:

" Is the hedge made up of a line of two or more trees or shrubs;
" is it mostly evergreen or semi-evergreen;
" is it more than 2 metres (6'6") above ground level;
" even though there are gaps in the foliage or between the trees, is the hedge still capable of obstructing light or access.

If the answer to all these questions is 'yes' then it is likely to be a high hedge for the purposes of the Act.

 

A complaint cannot be made about a single tree or shrub whatever its size. A tree or shrub with multiple stems remains a single tree and so cannot be a high hedge, even though it might have a considerable spread.

Evergreen, Semi-evergreen, Deciduous Trees And Shrubs

" An evergreen tree / shrub keeps its leaves throughout the year e.g. Leyland Cypress.
" A semi-evergreen tree / shrub will keep its leaves during a mild winter, but may shed them during a harsh winter e.g. Privet.
" A deciduous tree / shrub loses its leaves every autumn and grows them afresh the following spring e.g. Birch.

You cannot complain about a deciduous tree or climbing plants e.g. Ivy, or large growing grasses e.g. Bamboo.

 

The height of the hedge is measured from normal ground level where the hedge is growing, which will usually be on the hedge owner's side. This applies even if your property is on a lower level.

Normal ground level means the natural level of the ground where the hedge is growing. If a hedge has been planted on a mound the hedge will still be measured from the natural ground level, rather than from the base of the hedge.

 

The hedge must be capable of acting as a barrier to light or access at a height of more than 2 metres (6'6") above natural ground level.

 

The hedge must be growing on land that is owned by someone other than the complainant. The hedge does not have to be next door, it could be several gardens away. Nor does it have to be in someone's garden. It could be growing on open space or on commercial premises.

 

The property affected by the hedge must be a domestic property. This excludes properties that might be in a residential area but are wholly used for a commercial purpose e.g. doctor's or dentist's surgery.

If a property contains a mix of domestic and commercial uses, the Act will apply to protect the living quarters but not the remainder of the property.

 

Anyone making a complaint to the Council must show:

" the problems with the hedge are related to its height; and
" they are adversely affecting their reasonable enjoyment of their property.

 

Complaints about a high hedge based on the following factors are all invalid and cannot be considered under the Act:-

" Problems associated with the width of the hedge.
" Problems associated with the roots of the hedge.
" Any other complaint that is unrelated to the height of the hedge.
" The effect of the hedge, or the dispute over it on the complainant personally e.g. that the problems with the hedge have caused them health problems.
" The effect of the hedge on particular activities e.g. that the hedge interferes with a greenhouse or a vegetable patch etc. or affects television reception, including any aerial or satellite dish.
" Fears that the hedge will fall and cause damage to property.

 

A complaint can only be made by the owner and / or occupier of the affected property.

Provided you have shown to the Council that you have taken reasonable steps to try to resolve the hedge dispute, you will be sent a formal complaint form.

You must complete and return the form to the Council together with the correct fee. At the same time as you return the completed complaint form to the Council you must also send a copy of it to the hedge owner.

On receipt of your completed complaint form and the correct fee the Council will check that your complaint is one that can be considered under the Act. If for any reason your complaint cannot be considered you will be notified as soon as possible and your fee will be returned.

If the Council can deal with your complaint you will be sent a letter of acknowledgement which will give the name and contact details of the officer dealing with the case.

The Council will then write to everyone who owns and /or occupies the land where the hedge is growing, notifying them that the Council is considering  a complaint about their hedge.
The owner and / or occupier of the land where the hedge is growing will be invited to comment on the points you have made in your complaint and to provide any additional information they wish. You will be provided with a copy of any information they supply to the Council.

After the exchange of representations has been completed the case officer will arrange to make a site visit. He will separate visits to both you and the hedge owner so that he can see the hedge and its surroundings at first hand. At the site visit the officer will not comment on the merits of the complaint either to you or to the hedge owner.

 

The Council's role is to decide two matters:

" is the hedge, because of its height, adversely affecting your reasonable enjoyment of your property; and
" if the Council finds that the height of the hedge is causing problems, what action (if any) should be taken to remedy the situation and prevent it recurring.

In reaching a decision, the Council will consider all relevant factors and will seek to strike a balance between the competing rights of you and your neighbour to enjoy your property.

Once a decision has been made the Council will notify you and the owner / occupier of the land where the hedge is growing of the decision and the reasons for it. If the Council has decided to issue a remedial notice, a copy of the notice will also be sent to all the main parties.

The Act does not set a time limit for the Council to reach a decision and once you have submitted the formal complaint form you should not expect a decision to be made for at least 12 weeks. If you think the Council has taken too long to arrive at a decision you do have the option of complaining to the Local Government Ombudsman.

If at any time the main parties and the Council consider that the dispute might be resolved amicably the formal complaint procedure will be halted. Should any attempt to settle matters in this way fail, then the formal complaint procedure will be resumed from the point where it was halted.

 

You may withdraw your complaint at any time before the Council issues its decision and any remedial notice. If you can agree a way forward with the hedge owner the complaint should be withdrawn.

 

If the Council decides that the hedge is causing a problem it will issue a remedial notice.
The notice will tell the hedge owner what remedial work is required and the date by which the work must be completed.

Failure to comply with the notice is an offence which, upon conviction in the Magistrates Court, could lead to a fine of up to £1000.

 

A copy of explanatory booklet Over the Garden Hedge is available from the Council. A copy can be obtained by writing to the Borough Planning Officer, Municipal Buildings, Earle Street, Crewe, CW1 2BJ or by telephoning the Planning Help Desk on 01270 537502.

Information is also available on the internet on the site of the Office of the Deputy Prime Minister.