High Hedges
Part 8 of the Anti-Social Behaviour Act 2003 gives District and other authorities powers to deal with complaints about high hedges.
Provided you have tried and exhausted all other avenues for resolving your high hedge dispute, you will be able to take your complaint to the local authority.
You need to discuss your problem with Planning Enforcement by calling at the Civic Offices, emailing planningenforcement@fareham.gov.uk or by telephone on 01329 236100. If the Council decide that you have followed the procedures required by the Act (see the notes and linked pages below), they will ask you to complete the form and pay the appropriate fee so they can take action.
Notes
In dealing with high hedge complaints the local authority is not dealing with a breach of any law or regulation. This is a service provided where the parties involved have not been able to resolve the matter themselves. Accordingly as this is not a public service but a service to individuals it is normal to charge for the service, which is why Government has authorised Local Authorities to set their own charges.
Fareham Borough Council has set the fee at £150 or £25 for persons on income support or job seekers allowance.
The role of the authority is not to mediate or negotiate between the complainant and the hedge owner but to adjudicate on whether - in the words of the Act - the hedge is adversely affecting the complainant's reasonable enjoyment of their property. In doing so, the authority must take account of all relevant factors and must strike a balance between the competing interests of the complainant and the hedge owner, as well as the interests of the wider community.
If they consider the circumstances justify it, the local authority will issue a formal notice to the hedge owner, which will set out what they must do to the hedge to remedy the problem by a specified date. Failure to carry out the works required by the authority is an offence which, on prosecution, could lead to a fine of up to £1,000. The authority also has the power to carry out the required works in default of the hedge owner and recover their costs.
Both the complainant and the hedge owner have a right of appeal against the local authority decision to the Planning Inspectorate.
Points to Bear in Mind
- The legislation only relates to evergreens or semi evergreens. It does not apply to single trees even if they are evergreen; the hedge must consist of 2 or more evergreen trees or shrubs.
- The legislation does not require all hedges to be cut down to a height of 2 metres.
- Allowing your hedge to grow above 2 metres in height will not prompt action by the Local Authority unless a complaint has been received. (Unless it is in breach of a remedial notice or other lawful control)
- If you complain to the local authority will they always require the hedge to be cut down to 2 metres? No. The local authority has to take all circumstances into consideration in making the decision and assess each case on its individual merits.
- The legislation is contained within the Anti-Social Behaviour Act 2003, but there is no provision to issue an Anti-Social Behaviour Order (ASBO) in respect of high hedges.
- How long will it take before the hedge is cut down? There is no time limit on how long the local authority has to deal with a complaint; also, the time for cutting down a hedge may be affected by other factors such as nesting birds, time of year and good arboricultural practice.
The Department for Communities and Local Government have published two free explanatory leaflets for the public: 'Over the garden hedge' (this is an external hyperlink) offers advice on how people can settle these disputes themselves. Negotiation is a necessary precursor to submitting a formal complaint to a local authority. Authorities can reject a complaint if they consider the complainant has not done everything they reasonably could to settle the matter themselves. The second leaflet 'High hedges: complaining to the Council' (this is an external hyperlink) explains what complaints local authorities can consider and how they will deal with them.
If you would like any further information, please contact the Planning Enforcement Team within Development Control - Tel: 01329 236100 or e-mail planningenforcement@fareham.gov.uk.
Copies of the leaflets can be obtained from Fareham Borough Council Development Control Reception, or from the Department of Communities and Local Government direct, or they can be downloaded from the DCLG website (this is an external hyperlink).
Frequently Asked Questions
My neighbours have a high hedge, what can I do about it?The high hedges legislation was introduced on 1st June 2005 under Part 8 of the Anti-social Behaviour Act 2003 and applies to evergreen and semi-evergreen hedges of over 2m in height. Information relating to this matter – including three leaflets – may be viewed at the Department of Communities and Local Government website (this is an external hyperlink). The legislation provides 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. The Council will then investigate the matter and may, if considered appropriate, serve a notice on the hedge owner requiring them to reduce the hedge in height. The current fee for dealing with a high hedges complaint at Fareham Borough Council is £150 and the form is available to download (48 Kb) , please also read the guidance notes (82 Kb) for making a complaint.
In most cases, it is possible for neighbours to agree upon a course of action between them without a formal complaint being necessary. This is certainly the preferable approach for all concerned.
What do the Planning Enforcement team do?
The team investigates allegations of breaches of planning control including:
unauthorised development, or uses;
unauthorised works to a listed building - both internal and external works;
unauthorised display of advertisements;
non-compliance with conditions of planning permissions; and,
untidy sites where these are considered detrimental to local amenity
unauthorised work to trees which are protected or are located in conservation areas
N.B Works to trees which are protected or are located in conservation areas without the consent of the local planning authority is an offence.
What is the extent of planning controls?
Planning controls relate to any development. The definition of ''development'' for the purposes of the Town and Country Planning Act 1990 is considered to include "carrying out of building, engineering, mining or other operation in on or under land or the making of a material change of use of any building or other land".
(N.B all mining and waste planning issues are dealt with by the County Council).
Do you require planning permission for all development?
No, many minor developments are exempt from the need for planning permission by the Town and Country Planning (General Permitted Development) Order 1995. You should always contact the local planning authority to find out if you need planning permission before commencing any development
Is it an offence to undertake development without permission?
No, under the Act it is not considered to be an offence to fail to comply with planning controls, although you are advised to contact the local planning authority prior to carrying out works which might require approval. Should a local planning authority consider it expedient to issue an enforcement notice against a development which is unauthorised then non-compliance with this notice is an offence, for which the maximum fine is £20,000.
What happens if a condition on a planning permission is not complied with?
The local planning authority has the power to issue a breach of condition notice against which there is no right of appeal. It is an offence not to comply with such a notice. This offence maybe prosecuted in the magistrates court with a maximum fine of £1,000.
Is it an offence to undertake works to a listed building?
Yes, if these works are considered to affect the character and integrity of the building.
Is it an offence to display an advertisement without consent
Some advertisements are exempt from the need for express advertisement consent. Advertisements which do not require consent are those which enjoy deemed consent under the provisions of the Town and Country Planning (Control of Adverts) Regulations 1992. Booklets and advice can be obtained from the Local Planning Authority.
What information is required for an alleged breach to be investigated?
Address of land or building where breach alleged
Details of alleged breach
Complainant contact name and address and telephone number.
Any additional relevant information/other interested parties
How do I report an alleged breach?
by completing and submitting a Complaint Form which can be found on this page on the website. http://www.fareham.gov.uk/council/departments/devcontrol/complaint.asp. Please note that you will be required to provide your name, address and telephone number for any complaint to be investigated. Your details will be kept confidential. Complaints can also be made in writing to the address shown below.
Department of Development Control
Fareham Borough Council
Civic Offices
Civic Way
Fareham
PO16 7TT
What are the stages of an investigation?
Complaint registered and acknowledged - 4 days
First site visit made - 10 days
Complainant will be kept informed of progress with investigations.
What action may be taken where a breach of planning controls is found to be occurring?
Once a complaint has been investigated and a breach identified, depending on the severity of the breach a number of things may happen:
negotiate a satisfactory solution
seek a retrospective planning application
if no application is forthcoming or the breach is serious then an enforcement notice may be issued
In the case where significant harm is being caused by the breach it may be appropriate to issue a stop notice in conjunction with an enforcement notice or seek a legal injunction to stop the unauthorised activities.
It is important to note that the enforcement of Planning Control is a discretionary power and in some circumstances it may not be expedient to take action
Is there a right of appeal?
On an enforcement notice, listed building enforcement notice and an advert discontinuance notice, there is a right of appeal. The appeal is made to the Planning Inspectorate.
Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to:
4 years for operational development and change of use to any building for use as a single dwelling house
10 years for all other changes of use and breaches of conditions
If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.
Is there a period after which development becomes immune from enforcement action?
Yes, The period within which planning enforcement action can be taken is limited to:
4 years for operational development and change of use to any building for use as a single dwelling house
10 years for all other changes of use and breaches of conditions
If you wish to confirm that development is immune from planning enforcement action, you are advised to make an application for a Certificate of Lawfulness.
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