ODPM News Release 2005/01/05 - 31 May 2005

Homeowners will no longer need to suffer the misery caused by high hedges, under new Government legislation which comes into effect on Wednesday 1 June.

The new powers mean neighbours who cannot resolve their disputes over high hedges can now ask local authorities to intervene. Local authorities, who have previously been powerless to act in such disputes, can step in to decide if the height of the hedge is unreasonable and spell out exactly what action must be taken.

Welcoming the new powers, Jim Fitzpatrick, Minister at the Office of the Deputy Prime Minister, said:
"This legislation offers a light at the end of the tunnel for people whose lives have been made a misery from high hedges. Out of control hedges can block out the daylight from neighbours' homes and gardens, becoming a real drain on their quality of life.
"This new legislation is yet another example that the Government will take action against those who continually show a lack of consideration for others.
"Involving the local authority should only be a last resort and I urge people to talk to one another to resolve disputes before it goes too far. However, when all other avenues have failed, it is good news that people will now have somewhere to turn for a fair decision."

Under the Anti-social Behaviour Act 2003, local authorities have the power to intervene in disputes once a complaint has been made. The authority will decide whether the hedge is stopping someone's reasonable enjoyment of their home or garden, striking a balance between the complainant's and hedge owner's interests.

Where it is needed, the local authority will be able to serve a remedial notice to the hedge owner to identify what they must do to sort the problem out. If they fail to comply with the notice, they could be fined up to £1000.

The complainant must show they have tried to resolve the matter with the hedge owner. Complaints will only be considered where the hedge is evergreen, over two metres high and blocking out light, access or reasonable enjoyment of neighbours' property. If this is the case, local authorities will take a range of factors into account to reach a balanced decision on whether the hedge is a problem.

A fee to cover the costs will be charged by the council to the complainant at their discretion.

Please view this Government website for more information >>>

An Overview on High Hedges

The Current Position - Part 8 of the Anti-social Behaviour Act 2003, which gives local authorities powers to deal with complaints about high hedges will come into operation in England on 1 June 2005.

Introduction
From 1 June 2005, provided they have tried and exhausted all other avenues for resolving their hedge dispute, people will be able to take their complaint about a neighbour's evergreen hedge to their local authority - your district or borough Council.

The role of the local 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 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, and when by. 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.

Cutting the tall stories down to size

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 an Anti-social Behaviour Order (ASBO) in respect of high hedge complaints.