High Hedges – complaining to the council

Complaints in respect of high hedges

From the 1st June 2005, provided you have tried and exhausted all other avenues for resolving your dispute with your neighbour regarding a high hedge affecting a domestic property you can complain to the Local Planning Authority (LPA).

A high hedge is defined as a barrier to light or access as formed wholly or predominantly by two or more evergreens which are over 2 metres in height above ground level. The barrier does not count if it has significant gaps in it.

 A domestic property is defined as a dwelling, garden or yard used with it.

The LPA role, which has been set by central government, is not to mediate or negotiate between you (the complainant) and the hedge owner but to adjudicate on whether – in the words of the Act – the hedge is adversely affecting your reasonable enjoyment of your property. In doing so, the LPA must take account of all relevant factors and must strike a balance between the competing needs and interests of you and the hedge owner, as well as the interests of the wider community.

If the LPA consider the circumstances justify it a formal notice to the hedge owner will be issued, which will set out what they must do to the hedge to remedy the problem, and when by. Failure to carry out the works required by the LPA is an offence which, on prosecution, could lead to a fine of up to £1000. A LPA can withdraw, relax or waive a notice.

Any complainant or owner/occupier can appeal to the LPA against the issue or withdrawal of a notice, its waiver or relaxation.

If a decision is not made in a complainants favour, they can, within 28 days, (or such longer period as allowed) of issue of a notice or decision appeal to the Secretary of State for High Hedges.

Points to consider

• Legislation does not require all hedges to be cut down to 2 metres.
• You do not have to get permission to grow a hedge above 2 metres.
• When a hedge grows above 2 metres the LPA does not automatically take action, unless a justifiable complaint is made.
• If you complain to the LPA it does not automatically follow that your neighbour will be ordered to reduce the height of their hedge. All the issues have to be weighed and each case considered on its merits.
• The legislation does not cover single trees or deciduous trees of any number.
• The LPA cannot require the hedge to be removed.
• The legislation does not guarantee access to uninterrupted light.
• A notice can be registered as a local land charge and is binding on the owner.
• There is no provision to serve an Anti-social Behaviour Order (ASBO) in respect of high hedge complaints.

Prior to complaining

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

Advice on negotiating in respect of hedges can be found in the leaflet “Over the Garden Hedge” produced by the Office of the Deputy Prime Minister.

If you have been trying for a long time to resolve your concerns or if you do not get on with your neighbour mediation might be the answer. Community mediation is particularly effective in this type of dispute. It involves an independent and impartial person (the mediator) helping those in dispute to work together to reach a settlement. The mediator’s job is not to make a decision. Instead they help the people concerned to understand each ot point of view – dealing with how they feel about the situation as well as the affects – without apportioning blame. From there, the participants can move forward to think about how they could put matters right and to agree to a plan of action. If mediation is to work, people must go into it willingly. Local mediation services are available through Mediation UK (www.mediationuk.org.uk)

Other Sources of Information

Community Legal Service is available through local libraries or at www.clsdirect.org.uk Their website describes, and has links to, other sources of help and advice.

Some firms of solicitors offer a set amount of initial free advice, either by e-mail, over the telephone or through personal interview.

Citizens Advice Bureaux at www.adviceguide.org.uk.

Some membership organisations, such as the Country Land and Business Association and Saga, are also able to provide members with advice on legal issues.

The Office of the Deputy Prime Minister has produced advice such as “Over the garden hedge” and “High hedges complaining to the council” which are available at www.odpm.gov.uk/treesandhedges or from ODPM Free Literature telephone 0870 1226 236

The Fee

The Anti-social Behaviour Act 2003 states that complainants must pay a fee to the LPA when they submit their hedge complaint. Central government state that there are several reasons why they think this is fair:

• Most people who responded to questions about fees in the 1999 consultation “High hedges - possible solutions” thought it fair that the complainant should pay for the LPA to intervene in their hedge dispute.
• Payment of a fee will encourage people to try to settle these disputes amicably, making sure that involvement of the LPA really is a last resort.
• A fee will also help deter frivolous or vexatious complaints.
• It is common practice for a LPA to charge a fee for a service which is likely to benefit an individual (in this case the complainant) rather than the community in general.

A fee of £320 has been set by Berwick-upon-Tweed Borough Council as the LPA, and this should accompany every complaint that is submitted. If a complaint is received without payment it will be returned and no further action will be taken on it. The charge has been assessed to ensure the cost of the work involved in providing the service is met.

The Development Services Manager has the discretion to accept a reduced fee of £140 if you (the complainant) can clearly show in writing that you are in receipt of either Income Support, Pension Credit, Job Seekers Allowance (income based), Housing Benefit or Council Tax Benefit.

No refunds will be made by the LPA except at the discretion of the Development Services Manager and unless the matter is resolved and the LPA are informed in writing by the complainant prior to any administrative work being carried out.