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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 over the telephone (01329.236100, ext. 2423). 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 £135 or £10 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 Development Control, Regulatory Services, Floor 5, Fareham Borough Council or from Department of Communities and Local Government direct or they can be downloaded from the DCLG website (this is an external hyperlink).