High Hedges
Part 8 of the Anti-social Behaviour Act 2003 allow us to
investigate/resolve complaints about high hedges – the Enforcement
Team only look into complaints as a last resort where you cannot
agree a solution yourselves. If you ask us for a form you will need
to send back copies of any correspondence that you have had.
Details of what is required to accompany an application can be
found on the booklet High Hedges: Complaining to the Council.
There is a charge of £320 for this service.
What is a High Hedge?
A ‘high hedge’ is defined (in Section 66 of the Act) as a line
of two or more evergreen trees or shrubs which rise to a height of
over two metres above ground level. The Local Authority may take
action against the owner of a property where such a high hedge is
growing, if the hedge forms a barrier to light or access, such that
the owner or occupier of a neighbouring property has his reasonable
enjoyment of that property adversely affected.
What action may be taken?
Formal action by the Local Authority could require the owner of
the hedge to reduce its height to a maximum of 2 metres. The
Council cannot require the hedge to be completely removed.
What is the cost?
Section 68(1)(b) of the Act allows the Local Authority to charge
a fee for investigating such a complaint, Wychavon District Council
makes a charge of £320.00.
Can I recover this cost?
If your complaint is upheld by the District Council you may be
able to recover the costs from the hedge owner through the Small
Claims Court. In these circumstances the Council will allow its
complaint file to be used as evidence.
Charitable organisations, for example, Help the Aged, may be
able to offer assistance to eligible persons in making a
complaint.
Does the Council have to act on my complaint?
The Council may decline to investigate a high hedge complaint
where it considers that the complainant has not taken all
reasonable steps to resolve the matter him/herself or where it
considers the complaint to be frivolous or vexatious.
Further information
These booklets may give you some useful information and
advice.
Contact: Graeme Duerden Planning Services
Wychavon District Council
Telephone 01386 565565
E-mail: planning@wychavon.gov.uk
