High Hedges
Part 8 of the Anti-Social Behaviour Act 2003, which gives local authorities powers to deal with complaints about high hedges, has been enacted to come into force from the 1st June 2005.
From this date, provided that you have tried and exhausted all other avenues for resolving any hedge dispute, you will be able to forward your complaint to the Council by submitting detailed forms, support evidence and other documentation. The fee for submitting a complaint to the Council is £450.
A high hedge is defined as a line of two or more evergreen, or semi-evergreen, trees or shrubs which are two or more metres in height and which block light or access to a domestic property.
Complaints must relate to the height of the hedge as problems relating to roots are specifically excluded from the Act.
Complainants must be able to demonstrate that they have taken all reasonable steps to resolve the problem by negotiation before an approach is made to the Council. Even though a dispute may have been going on for many years, new evidence of a serious attempt at amicable resolution will be required to validate any formal complaint application. Complainants are advised to either speak to neighbours or write a polite letter advising of concerns. If agreement cannot be reached, the matter may be subject to independent mediation as recommended by the Government. The National Mediation Helpline is the contact for those who wish to find their nearest Community mediation service. They can be contacted at 0845 6030 809 or www.nationalmediationhelpline.com.
It is not the role of the Council to mediate or negotiate between neighbours, but to adjudicate as a neutral "third party" 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 Council must take account of all relevant factors and must strike a balance between the competing interests of the complainant and the hedge owner, as well as the interests of the wider community.
The Council may either dismiss the complaint or where circumstances justify it issue a formal notice of remediation to the hedge owner. The notice will only require works to the hedge that address any problems it is causing. There is no general requirement for hedges to be cut down to 2 metres. However, the notice cannot require the reduction of the hedge to a height of less than 2 metres, or its complete removal. The notice would also set a time limit for carrying out the works and that a maximum height is maintained thereafter. Failure to carry out the works required by the Council is an offence, which on prosecution, could lead to a fine of up to £1000 and so much per day thereafter. The Council ultimately has the power to carry out the works in default of the hedge owner and recover its costs.
Anybody considering making a formal complaint about a high hedge is advised to contact the Council beforehand to discuss whether there is anything more that can be done to try to resolve the issue amicably. However, the Council is unable to advise on the likelihood of a successful outcome.
Prior to the submission of a complaint to the Council, complainants need to carry out exhaustive actions themselves, including collecting detailed evidence and in particular attempting to resolve the matter amicably with their neighbours.
The Office of the Deputy Prime Minister (ODPM) have produced two useful leaflets which gives advice on settling hedge disputes without involving the local authority. It is strongly recommended that anyone contemplating making a formal complaint read the official leaflets before doing anything else:
Over the Garden Hedge - advice on how to resolve a hedge dispute with your neighbour.
High Hedges: Complaining to the Council - advice on the various processes and stages that complainants and complainees will have to go through in any eventual dealings with the Council.
A further document has been produced - High Hedges Complaints - Prevention and Cure which provides an outline of the law and offers advice on the implementation of the system. Also, Hedge Height and Light Loss is a useful technical document that explains how to measure the detrimental effect of a high hedge.
In the Derbyshire Dales, the High Hedges Legislation will be the responsibility of the Planning Services Section. The Council's Planning Services Manager under delegated authority will determine all complaints.
Further advice can be obtained by contacting either Sylvia Gray (01629 761244) or Paul Wilson (01629 761325) or alternatively, email planning@derbyshiredales.gov.uk
To download the Complaint Form and Guidance Notes click on the links below