A government leaflet is available giving further information
about hedges:
High hedges Anti - Social Behaviour Act 2003 - Part
8
This legislation, made by the Government with the intention of
controlling the height of conifer hedges, came into force on 1st
June 2005.
It gives Local Authorities powers to require the owner / occupiers
of premises with high hedges to reduce the height of the hedge
where it adversely affects a domestic property.
The term High hedge means a barrier to light and access and is
formed wholly or predominately by a line of 2 or more evergreens,
and rises to a height of more than 2 metres above ground level. If
there are gaps in a hedge at a height of over 2 metres it may not
qualify.
The term Domestic Premises includes the habitable rooms to a house,
such as living rooms, dining rooms, kitchen and bedrooms but does
not include bathrooms, toilets, storerooms, halls, stairs and
landings or garages.
Where a garden is allegedly adversely affected by the height of a
hedge it must be a substantial apart of that garden and not merely
a particular feature in the garden that is affected.
BEFORE the Council can accept a complaint neighbours must try and
settle a dispute without Council input. Evidence must be produced
to show the efforts made to resolve a dispute, eg. copies of
letters sent. if a Council considers that a complainant has not
taken all reasonable steps or that the complaint is frivolous or
vexatious they an decide not to proceed with the complaint. A
complaint cannot be accepted anonymously.
Where a complaint appears to meet the criteria a complaint form
must be completed and the appropriate fee paid (fee agreed
£350 with a discount of 50% for those on means tested
benefit)
The Council will then investigate the complaint and must decide
whether a high hedge is adversely affecting the property and if so,
what action, if any should be taken. Both the complainant and the
owners/occupiers of the property with the hedge must be notified of
the decision.
Where appropriate a Remedial Notice can be served on every owner
and occupier of the land with a copy to the complainant. This
notice must detail the steps required to be taken to alleviate the
complaint and any preventative action to prevent a recurrence, and
a reasonable time period for compliance with the requirement. A
Council may not require the reduction of a hedge to below 2 metres
in height or the removal of a hedge height.
Failure to comply with the terms of a Remedial Notice is punishable
in a Magistrates' Court.
Appeals
A person served with a Remedial Notice may lodge an
appeal if they feel the requirements are unnecessary or
unjustified. A complainant may also appeal if a Council decides not
to take action or they feel the Council requirements are
insufficient.