High Hedge legislation is contained within Part 8 of the Anti Social Behaviour Act 2003.
Where a high hedge is a problem, and the owners have shown themselves reluctant to have the hedge cut, affected neighbours will be able to bring their complaints to the Council as a last resort. The definition of a high hedge is:
- A line of 2 or more evergreen or semi evergreen trees or shrubs.
- It must exceed 2 metres in height.
- It must act as a barrier to light or access.
- The height adversely affects the complainant's reasonable enjoyment of their domestic property.
Every attempt should be made to resolve the matter prior to involving the Council. A fee (yet to be determined) will be payable to the Council by a complainant and if the hedge is considered to be a problem a "remedial notice" can be issued. The Local Authority would also have' powers to have the work carried out with the costs recoverableJrom the owner. There will be a right of appeal for both owner and complainant. Failure to comply with a notice would be an offence carrying a maximum fine of £1000.
The Office of the Deputy Prime Minister (ODPM) has produced two leaflets on High Hedges legislation - 'High HedgesComplaining to the Councii' and 'Over the Garden Hedge:These are available from ODPM by telephoning 0870 1226 236
