Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about high hedges whose area contains the land on which the hedge is situated. Such hedges … This guide and the related spreadsheet can help you work out whether an evergreen hedge is blocking too much daylight and sunlight to your home or garden. They might, for example, measure the size of your garden or how far the hedge is from windows in your home. The Act aims to provide a solution to the problem of high hedges, where neighbours have not been able to resolve the issue amicably. The council can’t get involved in helping you get back the fee that you’ve paid and certainly can’t force your neighbour to repay you. It helps when neighbours cannot resolve problems with high hedges. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. The council must be realistic about how long it will take your neighbour to cut the hedge or arrange for someone else to do it. For example, chapters 4 and 5 of this guide give detailed advice about what councils look at when they make decisions on complaints. When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbour’s enjoyment of their home and/or its garden or yard. No. The High Hedges (Scotland) Act 2013. You can change your cookie settings at any time. Tall hedges can be a nuisance, especially where neighbours can't agree on a suitable height amicably. The council may offer reduced fees for people who are on a low income or benefits. You can complain about problems that you have in a home that you own or occupy and/or its garden or yard because of the hedge’s height. Also, the council can enter the land and carry out the required work. Whichever way you make the complaint this is your chance to set out your case, so it’s important that you give the right information. They must take into account any relevant concerns raised by you and your neighbour. Like all legislation designed to tackle a specific problem, its scope is limited. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. To help us improve GOV.UK, we’d like to know more about your visit today. For example, 2 metres will only be the right height in some cases. Chapters 4 and 5 of High hedges complaints: prevention and cure include detailed guidance for councils on the sorts of hedge problems they can and can’t deal with. This requires give and take on both sides and unfortunately neighbour disputes will arise on occasion. The council cannot order your neighbour to: It could be weeks or months. In these circumstances it is important that neighbours continue to try to resolve their issues amicably, recognising each other's right to enjoyment of their property. Legislation should always be the last resort and should only be needed in the most extreme of cases, but it is necessary to have effective legislation when such cases arise. Clearly explain: Stick to the facts and give all relevant information to back up your points. The legislation specifically says that councils can’t deal with problems caused by roots. The Act defines high hedges as a line of two or more evergreen or semi-evergreen trees or shrubs higher than 2 metres above ground level that form a complete barrier to light or access. This revised guidance was drawn together through discussions with local authorities and interest groups and balances these against the limitations of what can be practically achieved within the limits of the existing legislation. So can your neighbour. But a hedge with gaps at more than 2 metres above ground level that significantly affect its overall effect as a barrier to light or access is not a “high hedge” and, therefore, you cannot complain to the council about such hedges under this procedure. The High Hedges Act (Scotland) 2013 came into force on 1 April 2014. Check the council’s website or complaint form, or contact the council, to find out how much the right fee is and how you should pay it. You can complain to the council if you think they’ve done something wrong, failed to provide a service or not followed correct procedures. You cannot make a … They will decide whether the hedge adversely affects the reasonable enjoyment of your home and its garden or yard and what, if anything, should be done. But the further away it is, the more difficult it will be to show that the hedge’s height is harming the reasonable enjoyment of all or part of your home and/or its garden or yard. The council can order your neighbour to take action to stop the problems with the hedge happening again. At the current time any … Ensuring that householders can enjoy the use of their homes is extremely important. This guide explains the powers that local authorities have to deal with disputes between neighbours about high hedges. You can contact the council if you think your neighbour isn’t acting in accordance with this notice. The High Hedges Act will come into force 1 st April 2013. For example, the hedge might help to make the area an attractive and pleasant place. Once the local authority has decided that the owner needs to take action regarding a high hedge, they must issue a high hedge notice [54].This notice enforces the local authority's decision and sets out the action the hedge owner must take to restore a suitable balance between the applicant's and the hedge … Please see Over the garden hedge for information on the steps you should think about taking before you complain to the council. The council should assess the case in the same way as an application to carry out work on trees protected by a Tree Preservation Order or a notice of work on trees in a conservation area. The council have to weigh up all relevant information before reaching a fair and balanced decision. One that keeps some live or green leaves all year round. The aim of the Act is to … We use cookies to collect information about how you use GOV.UK. This guide explains the powers that local authorities have to deal with disputes between neighbours about high hedges, and how home owners and occupiers can complain to the local authority about such hedges. This means that whether a landlord agrees or … This is because Act states that hedges … The government have published guidance on how to settle your hedge … All content is available under the Open Government Licence v3.0, except where otherwise stated, nationalarchives.gov.uk/doc/open-government-licence/version/3, Part 8 of the Anti-social Behaviour Act 2003, High hedges complaints: prevention and cure, trees protected by a Tree Preservation Order, appeal to the independent Planning Inspectorate, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. High hedges can be a nuisance to neighbouring land, particularly when they grow to the extent of blocking light from a property. The council will let the neighbour know that you’ve complained, so bear this in mind when you’re writing the complaint. But the legislation doesn’t allow councils to deal with every problem that might be caused by hedges. Is the hedge: Does this hedge’s height harm the reasonable enjoyment of a home you own or occupy and/or its garden or yard? Revised legislation carried on this site may not be fully up to date. Collecting written evidence from you and your neighbour and visiting the site will make sure that the council have the information they need to make the right decision. out more about cookies, Coronavirus (COVID-19): what you need to know. The Local Government Ombudsman is the final stage for complaints about councils. Chapter 9 of High hedges complaints: prevention and cure gives detailed guidance on enforcing remedial notices. This would be a simple sequence of events: Where you feel that a hedge is … To what extent does the hedge block light or views, even if there are gaps in the greenery or between the trees or shrubs? Part VIII ("High Hedges") is in response to concerns about hedges, typically of Leyland Cypress plants, which can grow to 6 metres or more in height, sometimes cutting out light for neighbours. Don’t worry we won’t send you spam or share your email address with anyone. It outlines the law and suggests ways in There is a serious loophole in the High Hedges Law. But you can still try to settle your dispute by following the steps in Over the garden hedge. The council can do no more than issue a ‘remedial notice’ ordering your neighbour to reduce the hedge to a height that will put the problems right and stop them happening again. You can also send a copy to your neighbour so that they know what you’ve done. High hedges. 122. It’s an offence to fail to do what a remedial notice requires. The council should decide whether the hedge is adversely affecting your ‘reasonable enjoyment’ of your property and, if so, what action (if any) should be taken to put right the situation or stop it happening again. If the council accept your complaint you will most likely have to pay them a fee for their service. The right hedge can be an ideal garden boundary but the wrong hedge may bring problems. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. The hedge must be on land owned or occupied by someone else. This legislation enables the owner or occupier of a domestic property affected by a high hedge to make a complaint to us provided that all of the following apply: the hedge … Good neighbour relations are the biggest asset any community can have. out more about cookies, Local Government and Communities Directorate. Mr and Mrs Niven originally applied to Highland Council in 2017 seeking that a high hedges notice be issued. If you’re worried because you haven’t heard anything, you can contact the council to check progress. Not usually. From ground level. I hope this guidance will help to improve the operation of the Act. The High Hedges (Scotland) Act 2013 was given Royal Assent (approval) on 2 May 2013 and I congratulate Mark McDonald for all of his work to make this happen. Any data collected is anonymised. The legislation is intended to provide a solution to problems caused by hedges which grow over two … The High Hedges (Scotland) Bill was introduced to the Scottish Parliament in 2012, was passed last year, and now comes in to force on 1st April 2014. When they’ve got both sides of the story, a council officer will visit the site to look at the hedge and its surroundings. Gov.scot uses cookies which are essential for the site to work. Whatever the height the council thinks the hedge should be reduced to under the terms of the Act, it will not order that reduction if it thinks there is any possibility at all of the hedge being killed. There are currently no known outstanding effects for the High Hedges (Scotland) Act 2013. Where a hedge becomes more than simply a boundary and becomes a … This notice sets out what must be done to the hedge and when it must be done by. It might be worth reading Hedge height and light loss. It will take only 2 minutes to fill in. The complaint must be in writing, and many councils recommend using their form. The council should determine your complaint impartially. To help you test the strength of your case, it also might be worth reading High hedges complaints: prevention and cure. If it is, then councils can order the owner of a high hedge to take action to put right the problem and stop it from happening again. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. This is a simple guide and not a statement of the law. The council’s website will have information on how you can contact them. It is a matter of judgement whether a hedge meets this test. Think carefully about the reasons for your complaint. High hedges Page updated on: 28/09/2018 As a Local Authority, we have been given powers under part 8 of the Anti-social Behaviour Act 2003 to consider complaints over high hedges, and to assist residents who have concerns about the height of a hedge. You can send your complaint to the council by post or email. If you’ve taken the steps listed in Over the garden hedge and can answer ‘yes’ to all the points listed below, the local council is likely to be able to consider your complaint. The High Hedges Act (Northern Ireland) 2011 provides a legal basis for taking action over a problem high hedge. Before it will investigate the council will … The council might also have to allow extra time to protect birds nesting in the hedge. made up of a line of 2 or more trees or shrubs? The problems that can be caused by high hedges were raised with the Scottish Government a number of years ago and, following consultation and debate, the Scottish Parliament introduced the High Hedges (Scotland) Act 2013 to help address such issues. We use this information to make the website work as well as possible and improve government services. The remedial notice issued by the council will say what must be done. You can ask the council how long they expect all this to take. 2019 revisions to the guidance for local authorities on the High Hedges (Scotland) Act 2013. The hedge … This Guide sets out the Government’s policy advice on administering complaints about high hedges in England, under Part 8 of the Anti-social Behaviour Act 2003. The key question is: There are no fixed rules on the size of gaps. a barrier to light or access (even if there are gaps)? Published 11 July 2008 From: Ministry of Housing, Communities & Local Government. There cannot be many … High hedges This collection brings together all documents relating to high hedges. The issue of “high hedges… They might, for example, make sure that your complaint is handled by someone who isn’t responsible for maintaining the hedge. The officer will also get other facts that they need to help them decide your complaint. Like all legislation designed to tackle a specific problem, its scope is limited. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. It also explains how home owners and occupiers can complain to the … What sorts of complaint can the council look at? We also use non-essential cookies to help us improve our websites. Find No. The Act states that an owner or occupier of a domestic property can apply to their local authority for a high hedge notice if they consider 'that the height of a high hedge situated on land owned or occupied … Behaviour Act changes that: local authorities will have powers to deal with complaints about high hedges which are having an adverse effect on a neighbour's enjoyment of his property. Don’t include personal or financial information like your National Insurance number or credit card details. Yes. You can’t be sure what the result will be. A complaint about overgrown trees and hedges can be made under the Anti-Social Behaviour Act 2003 by the owner or occupier of the property that is affected. Provided they have tried and exhausted all other avenues for resolving their hedge dispute, people are now able to take their complaint about a neighbour's evergreen hedge … The High Hedges (Scotland) Act 2013 will commence on April 1, having received royal assent last year. I appreciate that there will continue to be circumstances where the legislation cannot be utilised to resolve a dispute over vegetation as the Act simply does not apply. They must also think about effects on the neighbourhood. the steps you’ve taken to try to settle the dispute, the problems that you are having in your home and/or its garden or yard because the hedge is too tall, how you think the hedge is adversely affecting the reasonable enjoyment of this property, take any action that could result in the hedge’s death or destruction, trim the hedge to a height less than 2 metres above ground level. Homeowners and occupiers of residential properties whose light is affected by a high hedge have a right to apply to our Council for a High Hedge Notice under the High Hedges (Scotland) Act 2013. If the hedge includes protected trees, you might need to get separate permission from the council for trimming overhanging branches. Such an offence is punishable with a fine of up to £1,000. This publication is available at https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council. The council can’t, for example, take into account how tall other neighbours’ hedges are or that worrying about a hedge is making you ill. Good neighbourliness is something that should underpin all of our interactions within our communities so that we can all live peacefully side-by-side. If the hedge is on a bank or in a raised bed the measurement should be taken from the natural ground level. Resolving such issues amicably will help to improve people's lives and help to improve the health and wellbeing of our communities. High hedges, trees and boundaries You must try to settle a dispute about a high hedge informally before the council can intervene. The Act is a relatively new piece of legislation which is not a panacea for all problems involving vegetation. There is evidence that the Act is having a positive impact and I hope that it will continue to provide a solution to many of the long-standing disputes between neighbours in relation to high hedges. Provided they have tried and exhausted all other avenues for resolving their hedge dispute, people are now able to take their complaint about a neighbour's evergreen hedge … It may also have information on how to make your complaint, any fee you may need to pay and which department handles complaints. The council may use the government’s guidance to help them decide what could be the best height for the hedge. 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