New measures to resolve conflict over High Hedges

New legislation came into force on 1 June 2005, which will help prevent neighbours:

• clashing over high garden hedges
• assist homeowners who are adversely affected by them.

The Act allows Council's:

• to issue formal notices
• order a homeowner to cut an offending hedge or face a magistrate's fine of up to £1,000
• gives the Council the authority to cut back hedges and recover costs from the owner.

These new powers will:

• encourage residents to resolve disputes amicably
• prevent high garden hedges from becoming a problem
• take the heat out of disagreements
• provide mediation between the people concerned, before resorting to Council action.
• where high hedges block out light from homes and gardens affecting resdients lives, this may now be classed as anti-social behaviour.

A non-refundable fee of £500 has been introduced by the Council, which must accompany all applications, to cover its operating costs, and also to deter petty and unwarranted complaints.

For the Council to take adjudicating action over a high hedge the complaint must meet a number of objective criteria:

• those affected must be able to produce evidence that a recent attempt has been made to settle the dispute with their neighbours.
• prove that the hedge is growing on land owned by someone else
• that the hedge is made up of a line of two or more trees or shrubs, which are over two metres in height and are predominantly ever-green or semi-evergreen.
• the complainant must also be able to show that the height of the hedge adversely affects their "reasonable enjoyment of their domestic property (house or garden)".
• This might include, for example, a hedge that blocks out light, restricts access or damages plants.

For further information visit the Office of the Deputy Prime Minister website

Useful Publications

Guidance Notes for Completing Complaint Form - High Hedges.

Over the Garden Hedge.

High Hedges Complaint Form.

Overview on High Hedges.