This is usually at the base of the trunk or main stem of the trees or shrubs in the hedge. All content is available under the Open Government Licence v3.0, except where otherwise stated, nationalarchives.gov.uk/doc/open-government-licence/version/3, Part 8 of the Anti-social Behaviour Act 2003, High hedges complaints: prevention and cure, trees protected by a Tree Preservation Order, appeal to the independent Planning Inspectorate, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. This is because the council have worked to settle your private dispute with a neighbour. For example, chapters 4 and 5 of this guide give detailed advice about what councils look at when they make decisions on complaints. When they’ve got both sides of the story, a council officer will visit the site to look at the hedge and its surroundings. Resolving such issues amicably will help to improve people's lives and help to improve the health and wellbeing of our communities. For example, give details of the position, type and height of the hedge’s trees or shrubs and, if you wish, include a plan. Please see Over the garden hedge for information on the steps you should think about taking before you complain to the council. It might be worth reading Hedge height and light loss. High hedges can be a nuisance to neighbouring land, particularly when they grow to the extent of blocking light from a property. The Act is a relatively new piece of legislation which is not a panacea for all problems involving vegetation. Where a hedge becomes more than simply a boundary and becomes a … Chapters 4 and 5 of High hedges complaints: prevention and cure include detailed guidance for councils on the sorts of hedge problems they can and can’t deal with. It will take only 2 minutes to fill in. But in some cases the council will decide that it’s right to refund all or part of a fee. Homeowners and occupiers of residential properties whose light is affected by a high hedge have a right to apply to our Council for a High Hedge Notice under the High Hedges (Scotland) Act 2013. But a hedge with gaps at more than 2 metres above ground level that significantly affect its overall effect as a barrier to light or access is not a “high hedge” and, therefore, you cannot complain to the council about such hedges under this procedure. To help us improve GOV.UK, we’d like to know more about your visit today. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. 4: High hedge notices. It also explains how home owners and occupiers can complain to the … It is a matter of judgement whether a hedge meets this test. This is a simple guide and not a statement of the law. Such hedges … The officer will also get other facts that they need to help them decide your complaint. The council should decide whether the hedge is adversely affecting your ‘reasonable enjoyment’ of your property and, if so, what action (if any) should be taken to put right the situation or stop it happening again. However, legislation now gives people whose gardens are overshadowed the opportunity to resolve the problem through the Trees and High Hedges Act … Under the Part 8 of the Anti-social Behaviour Act 2003, we have powers to deal with complaints about high hedges. It outlines the law and suggests ways in They might, for example, make sure that your complaint is handled by someone who isn’t responsible for maintaining the hedge. 122. There is a serious loophole in the High Hedges Law. Like all legislation designed to tackle a specific problem, its scope is limited. The High Hedges Act will come into force 1 st April 2013. Such an offence is punishable with a fine of up to £1,000. So, before you send your complaint and any fee to the council, it’s very important to collect all relevant information that you may need and think carefully about your reasons for complaining. Are you the owner or occupier of this domestic property? But the further away it is, the more difficult it will be to show that the hedge’s height is harming the reasonable enjoyment of all or part of your home and/or its garden or yard. You can’t be sure what the result will be. If you’re worried because you haven’t heard anything, you can contact the council to check progress. If the hedge includes protected trees, you might need to get separate permission from the council for trimming overhanging branches. growing on land owned or occupied by someone else? High hedges Page updated on: 28/09/2018 As a Local Authority, we have been given powers under part 8 of the Anti-social Behaviour Act 2003 to consider complaints over high hedges, and to assist residents who have concerns about the height of a hedge. Collecting written evidence from you and your neighbour and visiting the site will make sure that the council have the information they need to make the right decision. Whichever way you make the complaint this is your chance to set out your case, so it’s important that you give the right information. It will take time for them to get a statement from your neighbour and arrange to visit the site. You cannot make a … There cannot be many … This notice sets out what must be done to the hedge and when it must be done by. The Act defines high hedges as a line of two or more evergreen or semi-evergreen trees or shrubs higher than 2 metres above ground level that form a complete barrier to light or access. Mr and Mrs Niven originally applied to Highland Council in 2017 seeking that a high hedges notice be issued. Once they’ve got all this information, the council will weigh it all up. From ground level. In these circumstances it is important that neighbours continue to try to resolve their issues amicably, recognising each other's right to enjoyment of their property. We use this information to make the website work as well as possible and improve government services. You will need to explain what, and how serious, those problems are. The council should determine your complaint impartially. The High Hedges (Scotland) Act 2013, offers a possible resolution of last resort to neighbour disputes over high or “nuisance” hedges.For a high hedge to fall within the scope of the Act, it must firstly be a hedge… Good neighbour relations are the biggest asset any community can have. The Act is a relatively new piece of legislation which is not a panacea for all problems involving vegetation. Is the hedge (or the part of it that’s causing problems) a ‘high hedge’? You can complain to the council if you think they’ve done something wrong, failed to provide a service or not followed correct procedures. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. They might, for example, measure the size of your garden or how far the hedge is from windows in your home. Any data collected is anonymised. The council can reject your complaint if they think you haven’t taken all reasonable steps to try to settle your dispute without involving them. The Act states that an owner or occupier of a domestic property can apply to their local authority for a high hedge notice if they consider 'that the height of a high hedge situated on land owned or occupied … The hedge must be on land owned or occupied by someone else. 2019 revisions to the guidance for local authorities on the High Hedges (Scotland) Act 2013. It provides an independent assessment of a high hedge that may … It may also have information on how to make your complaint, any fee you may need to pay and which department handles complaints. The issue of “high hedges… But the legislation doesn’t allow councils to deal with every problem that might be caused by hedges. The legislation also allows councils to set and charge fees for handling these complaints. Revised legislation carried on this site may not be fully up to date. This revised guidance was drawn together through discussions with local authorities and interest groups and balances these against the limitations of what can be practically achieved within the limits of the existing legislation. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in Wales on 31 December 2004.. The council have to weigh up all relevant information before reaching a fair and balanced decision. made up of a line of 2 or more trees or shrubs? The high hedges legislation has been designed so that the general public is able to use it without the need to involve lawyers. If it is, then councils can order the owner of a high hedge to take action to put right the problem and stop it from happening again. The government have published guidance on how to settle your hedge … High hedges, trees and boundaries You must try to settle a dispute about a high hedge informally before the council can intervene. The High Hedges (Scotland) Act 2013 was given Royal Assent (approval) on 2 May 2013 and I congratulate Mark McDonald for all of his work to make this happen. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. If you do anything more than trim overhanging branches, your neighbour could take you to court for damaging their property. This guide explains the powers that local authorities have to deal with disputes between neighbours about high hedges, and how home owners and occupiers can complain to the local authority about such hedges. Yes. The remedial notice issued by the council will say what must be done. If you’ve taken the steps listed in Over the garden hedge and can answer ‘yes’ to all the points listed below, the local council is likely to be able to consider your complaint. The Act seeks to provide an effective means of resolving disputes over the effects of high hedges … It may require your neighbour to keep the hedge trimmed to a certain height. This could include keeping the hedge within its new height for as long as it’s there. This is because Act states that hedges … High hedges This collection brings together all documents relating to high hedges. The High Hedges (Scotland) Act 2013 (the Act) came into effect on 1 April 2014 and grants local authorities the power to act as independent adjudicators in disputes between neighbours about high hedges … A complaint about overgrown trees and hedges can be made under the Anti-Social Behaviour Act 2003 by the owner or occupier of the property that is affected. Legislation should always be the last resort and should only be needed in the most extreme of cases, but it is necessary to have effective legislation when such cases arise. I appreciate that there will continue to be circumstances where the legislation cannot be utilised to resolve a dispute over vegetation as the Act simply does not apply. Once the local authority has decided that the owner needs to take action regarding a high hedge, they must issue a high hedge notice [54].This notice enforces the local authority's decision and sets out the action the hedge owner must take to restore a suitable balance between the applicant's and the hedge … This publication is available at https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council. No. The legislation specifically says that councils can’t deal with problems caused by roots. Find Ensuring that householders can enjoy the use of their homes is extremely important. If the council decide action is necessary, they’ll issue a formal ‘remedial notice’ to your neighbour and give you a copy. the steps you’ve taken to try to settle the dispute, the problems that you are having in your home and/or its garden or yard because the hedge is too tall, how you think the hedge is adversely affecting the reasonable enjoyment of this property, take any action that could result in the hedge’s death or destruction, trim the hedge to a height less than 2 metres above ground level. There is evidence that the Act is having a positive impact and I hope that it will continue to provide a solution to many of the long-standing disputes between neighbours in relation to high hedges. Subsidence can be caused by a hedge’s roots taking moisture from soils that shrink. The aim of the Act is to … We use cookies to collect information about how you use GOV.UK. The High Hedges (Scotland) Bill was introduced to the Scottish Parliament in 2012, was passed last year, and now comes in to force on 1st April 2014. It’s an offence to fail to do what a remedial notice requires. This means that whether a landlord agrees or … Like all legislation designed to tackle a specific problem, its scope is limited. If you’re having trouble writing the complaint, a relative or friend or Citizens Advice may be able to help. out more about cookies, Local Government and Communities Directorate. At the current time any … Council decides whether to investigate your application. The High Hedges (Scotland) Act 2013 will commence on April 1, having received royal assent last year. The High Hedges Act (Scotland) 2013 came into force on 1 April 2014. One that keeps some live or green leaves all year round. We also use non-essential cookies to help us improve our websites. The council cannot order your neighbour to: It could be weeks or months. No. a barrier to light or access (even if there are gaps)? The council can do no more than issue a ‘remedial notice’ ordering your neighbour to reduce the hedge to a height that will put the problems right and stop them happening again. The council can’t get involved in helping you get back the fee that you’ve paid and certainly can’t force your neighbour to repay you. Provided they have tried and exhausted all other avenues for resolving their hedge dispute, people are now able to take their complaint about a neighbour's evergreen hedge … But you can still try to settle your dispute by following the steps in Over the garden hedge. The High Hedges Act (Northern Ireland) 2011 provides a legal basis for taking action over a problem high hedge. This requires give and take on both sides and unfortunately neighbour disputes will arise on occasion. The council can order your neighbour to take action to stop the problems with the hedge happening again. Good neighbourliness is something that should underpin all of our interactions within our communities so that we can all live peacefully side-by-side. Once they’re satisfied that your complaint meets the legal tests, the council will invite your neighbour to set out their case. You can also send a copy to your neighbour so that they know what you’ve done. The council may use the government’s guidance to help them decide what could be the best height for the hedge. The council should assess the case in the same way as an application to carry out work on trees protected by a Tree Preservation Order or a notice of work on trees in a conservation area. When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbour’s enjoyment of their home and/or its garden or yard. You’ve accepted all cookies. What sorts of complaint can the council look at? The council will let the neighbour know that you’ve complained, so bear this in mind when you’re writing the complaint. You can complain about problems that you have in a home that you own or occupy and/or its garden or yard because of the hedge’s height. Not usually. This legislation enables the owner or occupier of a domestic property affected by a high hedge to make a complaint to us provided that all of the following apply: the hedge … out more about cookies, Coronavirus (COVID-19): what you need to know. Don’t worry we won’t send you spam or share your email address with anyone. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. To what extent does the hedge block light or views, even if there are gaps in the greenery or between the trees or shrubs? The council may offer reduced fees for people who are on a low income or benefits. The complaint must be in writing, and many councils recommend using their form. Changes to Legislation. I hope this guidance will help to improve the operation of the Act. There’s no set deadline for the council. If you’ve taken the steps listed in Over the garden … Whatever the height the council thinks the hedge should be reduced to under the terms of the Act, it will not order that reduction if it thinks there is any possibility at all of the hedge being killed. This Guide sets out the Government’s policy advice on administering complaints about high hedges in England, under Part 8 of the Anti-social Behaviour Act 2003. The council might also have to allow extra time to protect birds nesting in the hedge. So can your neighbour. High hedges. They must take into account any relevant concerns raised by you and your neighbour. If the council accept your complaint you will most likely have to pay them a fee for their service. It helps when neighbours cannot resolve problems with high hedges. We’ll send you a link to a feedback form. This guide and the related spreadsheet can help you work out whether an evergreen hedge is blocking too much daylight and sunlight to your home or garden. They must also think about effects on the neighbourhood. There are currently no known outstanding effects for the High Hedges (Scotland) Act 2013. The problems that can be caused by high hedges were raised with the Scottish Government a number of years ago and, following consultation and debate, the Scottish Parliament introduced the High Hedges (Scotland) Act 2013 to help address such issues. Clearly explain: Stick to the facts and give all relevant information to back up your points. The legislation doesn’t set a specific height. You can ask the council how long they expect all this to take. The council can’t, for example, take into account how tall other neighbours’ hedges are or that worrying about a hedge is making you ill. Chapter 9 of High hedges complaints: prevention and cure gives detailed guidance on enforcing remedial notices. Don’t include personal or financial information like your National Insurance number or credit card details. Tall hedges can be a nuisance, especially where neighbours can't agree on a suitable height amicably. For example, the hedge might help to make the area an attractive and pleasant place. This would be a simple sequence of events: Where you feel that a hedge is … Before it will investigate the council will … For example, 2 metres will only be the right height in some cases. You can change your cookie settings at any time. Check the council’s website or complaint form, or contact the council, to find out how much the right fee is and how you should pay it. By continuing to use this site, you agree to our use of cookies. They will decide whether the hedge adversely affects the reasonable enjoyment of your home and its garden or yard and what, if anything, should be done. The Act aims to provide a solution to the problem of high hedges, where neighbours have not been able to resolve the issue amicably. You can appeal to the independent Planning Inspectorate. To help you test the strength of your case, it also might be worth reading High hedges complaints: prevention and cure. The High Hedges (Scotland) Act 2013. Gov.scot uses cookies which are essential for the site to work. The council must be realistic about how long it will take your neighbour to cut the hedge or arrange for someone else to do it. If the hedge is on a bank or in a raised bed the measurement should be taken from the natural ground level. The council’s website will have information on how you can contact them. You can send your complaint to the council by post or email. This guide explains the powers that local authorities have to deal with disputes between neighbours about high hedges. Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about high hedges whose area contains the land on which the hedge is situated. There is evidence that the Act is having a positive impact and I hope that it will continue to provide a solution to many of the long-standing disputes between neighbours in relation to high hedges. Kevin Stewart MSPMinister for Local Government, Housing and Planning, Your feedback will help us improve this site, High Hedges (Scotland) Act 2013: revised guidance 2019, 5: Meeting the conditions of a high hedge notice, Find Think carefully about the reasons for your complaint. Part VIII ("High Hedges") is in response to concerns about hedges, typically of Leyland Cypress plants, which can grow to 6 metres or more in height, sometimes cutting out light for neighbours. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. Behaviour Act changes that: local authorities will have powers to deal with complaints about high hedges which are having an adverse effect on a neighbour's enjoyment of his property. Also, the council can enter the land and carry out the required work. Is the hedge: Does this hedge’s height harm the reasonable enjoyment of a home you own or occupy and/or its garden or yard? The hedge … The key question is: There are no fixed rules on the size of gaps. Published 11 July 2008 From: Ministry of Housing, Communities & Local Government. The legislation is intended to provide a solution to problems caused by hedges which grow over two … Provided they have tried and exhausted all other avenues for resolving their hedge dispute, people are now able to take their complaint about a neighbour's evergreen hedge … The Local Government Ombudsman is the final stage for complaints about councils. This doesn’t include those privet hedges that lose all their leaves in winter and beech or hornbeam hedges that keep dead leaves in winter. You can contact the council if you think your neighbour isn’t acting in accordance with this notice. The right hedge can be an ideal garden boundary but the wrong hedge may bring problems. We ’ d like to know more about your visit today Government ’ s website have. Guide give detailed advice about what councils look at long they expect all this to take not make a there. The base of the trees or shrubs reaching a fair and balanced decision address with anyone to! 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