High Hedge Problems

Problem hedges continue to blight the lives of many people. In 2003, the Anti-Social Behaviour Act was amended to create new procedures (Part 8 of the Act) to enable local authorities in England (and Wales, though the situation in Wales is slightly different) to deal with complaints about high hedges. While a step forward, it has its flaws.

It is best if disputes can be settled between the parties concerned, but where negotiation fails, a complaint can be made to the local authority who can assess the case, acting as an independent third party. Unfortunately, councils will charge for this service and you (the 'victim') have to pay a fee just to make a complaint. Sounds unfair but that is the way it works. Fees are set locally and vary a great deal; some give discounts, others don't. So far there is no sign of any way to claim back the fee from the hedge owner either.

• It is not illegal (though in my view irresponsible) to plant leylandii.
• It is not illegal (again in my view irresponsible in the majority of cases) to have a hedge more than 2m high.

You can complain if:

• The hedge in question is a line of two or more evergreen or semi-evergreen trees or shrubs.
• That is over 2 metres high.
• The hedge acts to some degree as a barrier to light or access (the Act specifically excludes other issues such as problems caused by roots).
• Because of its height, it is adversely affecting the complainant's reasonable enjoyment of their domestic property (i.e. their home or garden).

The local authority will decide whether there is an adverse effect on the complainant. They may decide that despite an adverse effect, arguments in favour of retaining the hedge are stronger. If the complaint is upheld, they decide the action required to remedy the situation and to prevent it recurring, issuing a formal notice to the person responsible for the hedge - though this cannot involve removing the hedge or reducing its height below 2 m. The hedge owner is free to go further than the remedial notice requires. Both sides can appeal against a decision. Failure to comply is an offence; if convicted in a magistrates court, they could be fined.

The action decided on by the council may fall short of that desired due to a loophole in the wording of the Act, which prohibits requirement for removal. It is normally bad practice to cut trees back by more than one third in any year, and some people work on the assumption that the same is true for hedges, though this is not necessarily true. A government statement gave the view that legal advice was that ordering work that might result in the death of the hedge would be the same as ordering its removal, which is prohibited under the Act.

As my sources (listed below) are now several years old, it is best to check your local council website and to also search the Internet for further information, especially the Hedgeline website http://www.hedgeline.org/.

On a personal note I suffered this situation for several years before the Act was extended. The original neighbour planted a row of leylandii (far too close to the boundary so they always hung over the fence separating our gardens) but kept them trimmed to about 2m. The next owners let them grow but when they were blocking the light from the back of our house did allow us to pay for them to be trimmed back. While the next two sets of owners trimmed them occasionally when we asked them to, they gradually crept higher. The current neighbours cut them down the week after they moved in, without us asking. Brilliant! I immediately sent them a Thank You card.

Feature in West Wilts Matters, October 2005
Webpage: Problem Hedges - the Anti-Social Behavious Act 2003. http://naturenet.net/trees/highhedges.html