High Hedge FAQs
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 £164.00
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.