High hedges

Since 1 June 2005 local council's have had new powers to assist residents who have concerns about the height of a hedge.

Before the council can become involved, residents need to provide evidence that they have attempted to resolve a problem with a neighbour. This evidence will need to be detailed in your application for assistance.

The right hedge can be an ideal garden boundary and help to bring in new wildlife to your garden, but the wrong hedge can cause you, or your neighbours, unwanted impacts such as subsidence and loss of light.

The following information outlines what help is available and how to get it.

Cutting the tall stories down to size

Exposing some of the myths about the legislation.

the legislation does not require all hedges to be cut down to a height of 2 metres
you do not have to get permission to grow a hedge above 2 metres
when a hedge grows over 2 metres the local authority does not automatically take action, unless a justifiable complaint is made
if you complain to your local authority, it does not follow automatically that they will order your neighbour to reduce the height of their hedge. They have to weigh up all the issues and consider each case on its merits
the legislation does not cover single or deciduous trees
the local authority cannot require the hedge to be removed
the legislation does not guarantee access to uninterrupted light
there is no provision to serve and Anti-social Behaviour Order (ASBO) in respect of high hedge complaints

If you need further information then please contact the enforcement team on (020) 8825 6154.

What powers does the council have to help me?
Part 8 of the Anti-social Behaviour Act came into force on 1 June 2005. This enables the council to become involved in judging if the 'reasonable enjoyment' of your property is being adversely affected by the height of a high hedge. In most cases this will be where a hedge is causing a loss of light to your property.

The council can become involved if:

you are the current owner or occupier of a domestic property
the hedge is a semi-evergreen or an evergreen
the concern about the hedge relates to its height
the hedge when measured from the ground is more than 2 metres high, and
your attempts to find a solution with your neighbour have failed

The council cannot:

become involved if your concern about the hedge is about subsidence or other matters not related to its height;
ask for the hedge to be removed altogether
insist that the hedge is cut down below 2 metres
grant you with powers to cut your neighbour's hedge

How can I engage my neighbour in reducing the height of their hedge?

The Office of the Deputy Prime Minster has produced the leaflet Over The Garden Hedge (pdf), which sets out some clear guidelines about engaging with your neighbour when in dispute:

be clear in your own mind as to what the problem is and how it affects you
be certain about what you want and what would overcome the concerns you have
approach your neighbour directly and face to face and give them a chance to think about your concerns
you could invite them to your home to help them understand the impact
if you feel that you cannot speak to your neighbour then consider a letter which focuses on the facts and does not dwell on previous failures to maintain the hedge
if your neighbour refuses to discuss the matter then consider an independent mediator. Mediators will not tell you what to do but help you and your neighbour to find an answer. Both you and your neighbour must co-operate in this process for it to be a success
accept that finding a right answer may be difficult and be ready to consider all ideas and suggestions – think about the options before you pick one that suits you both; and
once you have found your answer then make sure you are both clear about what you are meant to do and when – perhaps writing this down would help

Involving the council should be your last resort
Before making a formal complaint about a hedge you are required to try and resolve the issues with your neighbour first.
This process should be logged and details must be presented with your application before the council can become involved.
Your application will be returned if reasonable efforts have not been made to resolve the matter with your neighbour.
The leaflet Over The Garden Hedge (pdf) is helpful in setting out measures that need to be taken. These include trying to involve an independent mediator.

Contacting a mediator

You may wish to use the services of an independent mediator. Further information can be obtained from the Citizens Advice Bureau.

How do I make a formal complaint?

The ODPM's leaflet High Hedges: Complaining to the Council explains what will happen if the council get involved.
The application form (word) and guidance notes (word) provide information on fees and the process that you would that you would be entering into if you wish to involve the Council.
Either party has the right to appeal against whatever decision the council makes. Information on the appeal process is available from the ODPM.

Do I need to pay a fee to the council?

Yes the Anti-Social Behaviour Act requires a fee to cover the cost of the work by officers of the council. The fee is £250.

There is no procedure to claim the fee back from the hedge owner. Once an application is accepted then the fee cannot be refunded.

What happens after I have made a complaint to the council?

Once a complaint has been received and considered as to whether it meets the legal tests, the council will write to explain the process (more information is available from the leaflets Over The Garden Hedge (pdf) and High Hedges: Complaining to the Council (pdf)).
The council will publish the details of the action it believes necessary in a formal 'remedial notice'. This may include measures to be taken, a timescale for such works, or preventative action to ensure that there is no recurrence of the adverse affect.
While the remedial notice has effect it will be a local land charge and will be binding on each person who is the existing owner or occupier of the land specified in the notice.
A remedial notice can be amended, withdrawn or the council can waive or relax a requirement of the notice.

Where can I get more information?

The Office of the Deputy Prime Minister provides more information and useful leaflets. For further information from Ealing Council, contact the enforcement team on (020) 8825 6154.