The council has new powers to help resolve disputes over high hedges. If the council believes a high hedge prevents people's reasonable enjoyment of their home or garden, it will act. The council can issue formal notices stating what should be done to the hedge and when. And if people ignore the notice, they can be fined up to £1,000.
Below are our answers to some of the more common high hedge queries. There is also a downloadable form to complete if you wish to make a complaint about high hedges. For information on other common hedge problems or disputes, visit our hedge questions page. We also have some advice for choosing the right hedge for your garden.
What is the legislation regarding high hedges?
Legislation covering high hedges was introduced on 1 June 2005 under Part 8 of the Anti-social Behaviour Act 2003. It provides an opportunity for those who feel that a neighbour’s hedge is hindering the reasonable enjoyment of their property to submit a formal complaint to the council. Under this legislation a hedge must be a line of 2 or more evergreen or semi-evergreen trees or shrubs which are more than 2 metres high. The hedge should be capable of obstructing light or views.
What you can do if a neighbours hedge is affecting your light
If a neighbouring hedge is affecting the light to your property, the first thing to do is to talk to your neighbour. Even if you eventually submit a formal complaint to the council, you must have evidence that you and your neighbour have tried to come to a mutually acceptable agreement. We will need evidence that you have tried to resolve the dispute, so keep records of all correspondence. The latest attempt must have been made within the last four months.
The council will not be able to pursue your complaint until you have made every reasonable effort to discuss the problem with your neighbour. Contacting us should be a last resort. In most cases, neighbours can sort out the problem without making a formal complaint. Can the council act as mediator in the dispute between my neighbour and myself?
The council must act as an independent and impartial third party arbitrator and therefore cannot act as mediator. If you are unable to reach agreement, you should suggest to your neighbour that mediation might help you come to a compromise. Try contacting the Community Mediation Service on 01472 251054 or email: Margaret@mediation.fsnet.co.uk.
What if I‘m unable to contact the person responsible for the hedge?
You will need to demonstrate that you have made every effort to contact those responsible for the hedge. This could be the landowner or an existing tenant. The Land Registry website should be able to tell you who the present owner of the property is. However, they may charge for this information. The council doesn't hold ownership details of privately owned dwellings.
I’ve tried everything, what now?
If negotiation and mediation with your neighbour is unsuccessful the council will then investigate the matter. If considered appropriate, we will serve a Remedial Notice on the hedge owner. This forces them to reduce the height of the hedge.
Do I have to pay a fee?
Yes, the fee for dealing with a high hedge complaint is £200. Although pensioners or people receiving benefits may be entitled to discounts. The fee encourages people to try and resolve the problem amicably and deters people from making complaints that aren't serious or genuine. The fee is required when you submit your complaint.
How long will it take?
It may take some time for the council to receive a statement from your neighbour and to visit the site. As a guide, don't expect to get a decision for at least 12 weeks.
My neighbour and I are concerned about the same hedge. Could we put forward a joint complaint?
Each complainant must submit their own complaint with their own evidence. This is because the effects on you both may be different even though it’s the same hedge.
What to do if someone has complained about your hedge?
If a complaint is made about a hedge you own, we will write to you and you'll have the opportunity to have your say.This will be taken into account when we investigate.
Can I appeal against a decision if I'm not happy with it?
If you disagree with the council’s decision on a complaint or with any Remedial Notice that may have been issued, both the complainant and the hedge owner can appeal. All appeals are made to the Planning Inspectorate, an organisation independent of the council.They will look at the case again and make a decision. Guidance for appellants and an appeal form are available on the Planning Inspectorate website.
If a Remedial Notice is served and fully complied with, what happens in years to come when the hedge re-grows or someone else moves in next door?
The Remedial Notice applies to the property and therefore applies to any subsequent owner or occupant. Most Remedial Notices will include a section in them that requires the hedge to be maintained between two heights.
What if the Remedial Notice is ignored? Can I trim it myself?
Don't take things into your own hands. If a Remedial Notice has been served and has not been complied with within the specified period, the council can take further action. This could mean your neighbour being prosecuted, receiving a fine up to £1000 and incurring daily costs until the Remedial Notice is complied with.
Complaint form
To find out more about high hedges, contact Colin Horton on 01724 297483. Email: colin.horton@northlincs.gov.uk
To make a complaint about a high hedge use the form and guidance notes below.This must be completed by the person making the complaint or their representative.
Note: These two documents are in Portable Document Format (PDF) and therefore require a suitable reader to view them. A reader can be downloaded free from the Adobe website (full instructions for downloading the reader are provided on the site).
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