56. 25 January 2010 #1. But there is no general requirement that all hedges should be kept below a certain height. The Act applies to hedges and is not designed to affect woodland and forests. An example might be where someone repeatedly applies (unsuccessfully) to the local authority for a high hedge notice without any significant change in circumstances that would affect the local authority's decision. Where trees form a boundary between properties the local authority should consider if the trees form a hedge. It could extend over several properties, and it does not have to be growing in a garden. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. In some cases, it may be possible to tell from photographs, or other evidence, whether a hedge forms a barrier to light. Reducing Leylandii hedge height. 19. 32. Other cases may be more difficult to judge. There is a 6ft stone wall at the bottom of my garden and the hedge of trees is approx. Local authorities must publish information about circumstances under which they will refund fees[24]. There are no laws on how high the hedge can be grown but a council can take action if it is affecting someones reasonable enjoyment of their property, so maintaining your Leylandii hedge well from the start is recommended. The height of the plant does not include the pot. An example of a method of measuring light levels is the Hedge Height and Light Loss (March 2004)[21] guidelines which were developed by the Building Research Establishment (BRE). Now, I have called it a hedge but maybe I should have called it a line of trees, because your Leylandii is in fact a tree not a hedging shrub. People should check with their local authority about the availability and cost of local mediation services, although local authority officials dealing with high hedge applications do not provide mediation themselves. The Act allows local authorities to refund fees under certain circumstances, where they consider a refund to be appropriate. For example, officers of a local authority who would be involved in assessing a future application should be cautious about approaching a hedge owner on behalf of an affected neighbour as this is likely to be seen to be acting on behalf of the neighbour. We recommend that local authorities publish a list of their fees so it is clear how much applications cost. There are special conditions in the Act for cases where it is difficult to establish who owns the land a hedge is on. Posted by alisdair mcgregor on May 2, 2019 at 12:55pm Hi all, I'm just starting out in the gardening business and have been asked to reduce a leylandii by a foot or so. Whilst it is generally expected that most hedges formed from traditional hedging plants (particularly broad-leaved tree species) meet the criteria outlined above, it is recognised that, particularly in the case of fast growing coniferous trees (e.g. 38. Individual trees and shrubs within a hedge are commonly planted relatively close. Some Leylandii hedges have been known to grow up to 30 metres in height and 8-metres wide. If the hedge is somewhere within the buffer zone or growing margin, it may cause significant loss of light as it grows. It is not normally expected that trees planted between properties would be classified as either woodland or forests. 58. For trees or shrubs to be considered as a high hedge, they must first be a hedge. The local authority do not need to decide whether the applicant's reasonable enjoyment of their house is being negatively affected by the height of a high hedge until they have confirmed that the application is eligible. This guidance does not specify limits for light levels, and local authorities are free to measure light levels using any methods they consider reasonable and suitable for their needs. 59. As such it is unlikely that trees that have been managed in this way will fall under the remit of the Act. If the local authority dismiss an initial application but the situation later changes, for example because the applicant extends their house or there have been changes to the high hedge, the applicant is entitled to make a new application for a high hedge notice, drawing attention to the change in circumstances. They will also need to confirm that the height of the hedge is more than 2 metres from ground level, and so are likely to need to measure the hedge on the owner's side. It is not necessary for the whole of a hedge to fall within the definition. An exception might be where the hedge has been planted on a mound, or in a flower bed or other container that is raised above the ground, in which case the height should be measured starting from original ground level taking into account the additional height of hedge due to any raised planting position. 23. It is possible to make an application that shows the applicant has made an effort to solve the high hedge issue amicably without using mediation. leylandii), these criteria may not apply. Now they are great examples of thick, dense Leylandii hedges which provide shelter for our polytunnels and screen us from our neighbour. The local authority must also consider whether an application is eligible by confirming that: 33. The height of hedges is covered by the Anti Social Behaviour Act 2003.You can complain to your local council if a hedge is over 2 metres tall but it must also be adversely affecting the light in your house and garden. 2019 revisions to the guidance for local authorities on the High Hedges (Scotland) Act 2013. It is accepted that multiple trees can have a similar impact as a high hedge. Random Acts of Kindness and All things Positive! 24. 44. For example, if a hedge is on land within the boundaries of local authority A but the applicant lives in the area of local authority B, the application should be sent to local authority A. Next Last. The Act emphasises this by stating that potential applicants 'must take all reasonable steps to resolve the matters in relation to the high hedge' before making an application[5]. Local authorities should consider whether there has been any change in circumstances before dismissing an application on the grounds that it is frivolous or vexatious. See chapter 3 of this guidance (Deciding whether a high hedge notice should be issued) for more information. However the trees must firstly be considered to form a hedge to be considered under the scope of the Act. Is there a maximum height Leylandii are allowed to grow to - Answered by a verified Solicitor We use cookies to give you the best possible experience on our website. being formed wholly or mainly by a row of two or more trees or shrubs; rising to a height of more than 2 metres above ground level; and. 29. The hedge does not have to be on one property only. The Act applies to hedges that act as a barrier to light. It should be enough for them to estimate the height of the hedge when working out whether the hedge is covered by the Act. Two or more trees or shrubs in a hedge do not have to form a precisely straight line to qualify as a high hedge. A local authority must dismiss an application[14] if, after giving due consideration to the Act, they consider that the applicant has not taken all reasonable steps to sort out the situation, or if they consider that the application is frivolous (that is, that it is not a reasonable application and it has no reasonable chance of succeeding) or vexatious (that is, the application is intended to harass, annoy or cause frustration or financial loss to the other person despite there being little justification for a complaint in the first place). 36. For example, well-spaced tree lines are not normally considered as a hedge, even if the trees join to form a canopy. Gov.scot uses cookies which are essential for the site to work. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Other Reclaiming: Mortgage Fees, Council Tax etc, Pensions, Annuities & Retirement Planning, Report Holiday Deals, Bargains & Special Offers, Martin's Blogs & Appearances & MoneySavingExpert in the News. However, if left un-pruned it can get out of hand and pruning taller hedges can be difficult and expensive. If the local authority decides to dismiss an application on the grounds of being frivolous or vexatious, they must tell the applicant as soon as possible, giving full and detailed reasons for doing so. If an applicant is unclear about who owns the land, they should take reasonable steps to identify the owner of the land and should record these steps in the application before sending it to the local authority. If the trees are not considered to form a hedge the Act cannot be applied. Look after it from the start and you will have an excellent screen that could last for over 150 years. They have a lot of leyandii along their fence. A tree or shrub that has several stems, all growing from the same trunk or root plate, is a single tree or shrub and so is not covered by the Act. When the local authority receive the application, after confirming that it is eligible, they should send a copy of the application to every owner and occupier of the property the hedge is on, regardless of which local authority area the owner or occupier lives in. Any orders placed after this deadline will only be delivered between 15th January – 7th February 2021. Section 1 of the Act defines a 'high hedge'[18] as a hedge: 42. Ask your council for a complaint form if the hedge is all of these: 2 … For anyone keen to achieve privacy in their garden almost immediately, plant a Leylandii Cypress hedge! No there is not. 60. The 2 metres should be measured from the ground where the hedge is growing - that will usually be on the hedge owner's side. The attempts should show that the applicant has made a reasonable effort to settle the dispute in a reasonable timescale before applying for a notice (it is not possible to specify what is a reasonable timescale as this will depend on the circumstances of the case). The legislation does not give the applicant permission to enter their neighbour's land to take any measurements. Leylandii trees should be grown no taller than 2m in height. Usually the first step for an applicant to take is to discuss the issue with their neighbour to try to settle the problem amicably. A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. 37. This means that local authorities are able to investigate and decide applications relating to high hedges on land owned by the Crown (for example, a hedge on land owned by some government departments). This is a way of settling differences by working with everyone involved in the dispute. The final height will be decided by your local council based on the requirements and information provided by the complainant and hedge owner. An application cannot be made under the Act against single trees or shrubs, whatever their size. Find Leylandii is still a popular choice of hedge plant amongst those who recognise its superb attributes and looking for a good hedge height on a small budget. The Act only applies to hedges; for trees and shrubs to be considered as a 'high hedge', they must first be considered to form a hedge. In exceptional circumstances, if it is not possible to trace the owner of land, it passes to the Queen's and Lord Treasurer's Remembrancer[12]. The new laws follow years of promises from ministers in the wake of a Daily Mail campaign on leylandii, which can grow 3ft a year and up to 100ft high. a hawthorn, or privet) planted closely to form a boundary between pieces of land or at the sides of a road", "A line of bushes or small trees planted very close together, especially along the edge of a garden, field, or road". 53. By continuing to use this site, you agree to our use of cookies. You will have realised this, if you have been fighting a losing battle to keep a Leylandii hedge to a height that will still allow sunlight to enter your property. It is the effect the hedge has on a domestic property that is important, rather than where the hedge is located, for example, an application could relate to a hedge situated on commercial land that affects residential property. This could happen if the hedge is causing adverse effects other than loss of light. Although the Act uses the term 'neighbouring land' to describe where the hedge is growing, the hedge does not have to be next door to the applicant's property. 62. The Act does not make it illegal to grow leylandii and other fast-growing plants. 43. Anyone considering applying for a high hedge notice must have tried to settle the issue with their neighbour before making an application. The past and current management of trees and shrubs can give a clear indication as to whether trees and shrubs constitute a hedge. A definition of 'reasonable steps' to try to settle the matter without referring the case to the local authority would be two formal approaches to the neighbour within a six-month period before applying for a high hedge notice. If you’ve taken the steps listed in Over the garden … This means that a hedge on 'neighbouring land' could be several gardens down the road or across the street, as long as the applicant can show that it has a negative effect on their enjoyment of their house. Go. For the researching visitor there's a wealth of landscaping ideas, garden design ideas, lawn advice tips and advice about garden maintenance. The local authority should avoid any activity that can make it appear to be acting on behalf of, or favouring, any particular party. 39. familiarise yourself with the latest version. There are no other restrictions on where the hedge must be located. We often link to other websites, but we can't be responsible for their content. They should keep records of all attempts to settle the issue, for example, a diary of conversations held or a series of receipts for postage, and should include these with their application. The steps people should have taken before applying to the local authority will depend on the circumstances of the case. Instead, it allows local authorities to set different fees to take account of different circumstances and to refund fees when appropriate. In the UK, there are no laws as to how high a leylandii hedge can be grown; however, a town council can take action if someone’s hedge is affecting someone else’s reasonable enjoyment of his or her own property. Or is it a massive row of leylandii blocking the sun and making your house dark? D. Delta99 Well-Known Member. The trees or shrubs in the hedge may have been closely planted and become so entangled that they appear as a solid green wall. out more about cookies, Coronavirus (COVID-19): what you need to know. MARTIN LEWIS REVEALS WHETHER YOU SHOULD KEEP PREMIUM BONDS AS THE PRIZE RATE FALLS TO 1%, TOPSHOP, DOROTHY PERKINS AND BURTON SHOPPERS FURIOUS AS GIFT CARDS STOP WORKING, EUROPEANS LIVING IN THE UK TO GET NEW EHICS - BUT COVER FOR MOST BRITS REMAINS UNCERTAIN, http://freespace.virgin.net/clare.h/JHdgAEasyGuide.htm, http://www.naturenet.net/trees/hedgerow/highhedges.html. If a local authority receives an application where there is no evidence that the applicant has tried to do this, they must reject it. The local authority must decide whether a particular hedge meets this condition by considering the trees or shrubs that make up the hedge, including its shape, its growth habit, and, most importantly, what it looks like above 2 metres. Before it will investigate the council will … 16. Parliament has approved a code of practice[19] for non-native species to further explain this subject, and you can also find exceptions approved by Parliament on the Scottish Government webpages[20]. Leylandii - any legal height? The Act states that the hedge must be on land that is owned by someone other than the applicant. 51. A high hedge is determined as being a line of two or more evergreen (or semi-evergreen) trees or shrubs. In some local authority areas, mediation services may be provided free of charge. If a hedge has gaps which significantly reduce its overall effect as a barrier at heights of more than 2 metres then the hedge should not to be considered a barrier to light. If you let it grow too tall, then it becomes more difficult to trim and you need specialist equipment or a tree surgeon to bring it back to a reasonable size. 0 . Any data collected is anonymised. Normally, any measurements should be taken from the ground at the base of the trunks or stems of the trees or shrubs in the hedge. Only once trees and shrubs are identified as forming a hedge can consideration be given to whether they form a high hedge. the applicant has paid the appropriate fee. Local authorities should also consider concessionary rates in situations where several applicants apply for a notice relating to a single hedge or where a single applicant applies for more than one high hedge notice at the same time because more than one hedge is affecting their property. As with all these things depends on the particularity of the case - and attitude of local authority highways people. This one is about 50ft and puts my back garden in shade for much of the afternoon. You must try to settle a dispute about a high hedge informally before the council can intervene. Editor, Marcus Herbert. 18. 25 January 2010 #1. 41. 26. In many parts of the country, the Scottish Mediation Network[7] provides low-cost access to mediation services. If your neighbour has an overgrown Leylandii that needs trimming back, call me! Twitter Icon The Wildlife and Countryside Act 1981 controls where non-native plants can be planted and states that no non-native plant may be planted in the wild. What sorts of complaint can the council look at? Before your plant gets uncontrollable, there are a number of things you can do to stop Leylandii growing or at least reduce the height of your Leylandii hedge. 34. Leylandii - is it poisonous and legal issues, please. If the person who owns the hedge refuses to take part in mediation, this could be used as evidence that the applicant has made a reasonable attempt to settle the matter, although the local authority should consider the cost and availability of mediation when deciding whether this is a truly reasonable attempt. If you keep a Leylandii hedge to a reasonable height, it is easier to keep at that height. There are other ways of extending a boundary’s height legally.