Frequently Asked Questions - High Hedges

What constitutes a high hedge?

Part 8 of the Anti-social Behaviour Act 2003 defines a high hedge as so much of a barrier to light or access as is formed wholly or predominantly by a line of two or more evergreens, or semi-evergreen trees and shrubs and rises to a height of more than two metres above ground level. The hedge must also be growing on neighbouring land, and the property affected by the hedge must be a domestic dwelling.

What is a semi-evergreen?

A semi-evergreen is a tree or shrub that retains some live foliage throughout the year.

What do I do if my neighbour's hedge is causing me problems?

You should in the first instance try to resolve the matter amicably with your neighbour. If this fails and the hedge falls within the scope of Part 8 of the Anti-social Behaviour Act 2003 and you have tried and exhausted all other avenues to resolve your complaint you can submit a complaint to the Council who will, if all the requirements have been met, act as an independent third party and adjudicate on the dispute. You will need to submit the complaint on the appropriate complaint form, ensuring all the information required is included and submit it with the complaint fee, currently £155.00

What if I disagree with the Councils decision?

If we decide the complaint is not valid and does not proceed with it there is no specific right of appeal. However, you can complain through the Councils own Complaints procedure. If the Council adjudicates on the complaint then there is a right of appeal to the Planning Inspectorate if you disagree with the Councils decision.

What happens once a decision on reducing the height of a nuisance hedge has been made?

There will be a specified period of time in which the hedge owner must carry out the work required. Failure to carry out the work is a criminal offence and could result in prosecution.

What happens where a hedge is jointly owned but your neighbour does not maintain their side of it? Can you complain to the Council under this legislation?

You can only complain to the Council about a hedge that is on land owned or occupied by someone else. In this example, the land where the hedge is growing is jointly owned by the person who would be making the complaint so you can't use the high hedges legislation to solve your problems. Depending on the terms of the party agreement, both neighbours might be entitled to cut the whole of the hedge - both sides and top.