News

High Hedges - What to do?

The Anti-Social Behaviour Act 2003 is best known for introducing ASBO’s into English law, but it also brought in a complaints and appeal procedure to address high hedges, a highly inflammatory topic which has caused dispute between neighbours for decades.

It is only now, some three years after this part of the Act was brought into effect (1 June 2005) that affected neighbours are becoming aware of their rights to seek a ruling on the height of the hedge and to take appropriate action.

A neighbour who believes that their enjoyment of their property is being affected by a high hedge may complain to their Local Planning Authority and to ask them to be the judge as to what height the hedge should be. The Local Planning Authority should take account of any loss of light suffered by that neighbour when coming to a decision. If a complaint is substantiated, a notice is then served on the hedge owner requiring the hedge to be reduced in height to a height determined by the Local Planning Authority.

The hedge owner has a right of appeal on specified grounds, to the Planning Inspectorate:
a) The hedge is not adversely affecting the neighbours’ reasonable enjoyment of their dwelling.
b) That the action specified in the Notice exceeds what is necessary or appropriate.
c) That the period specified in the Notice falls short of what should be allowed.

It should be noted that this procedure only relates to evergreen or semi-evergreen trees or shrubs and only in relation to domestic properties affected by such a hedge.

If you have any concerns over a high hedge either as an affected neighbour or as a hedge owner and you would like some more information regarding the Anti-Social Behaviour Act 2003, please contact Louise Whitehead on louise.whitehead@harveyingram.com or 0116 257 4452.