Since 1. June 2005, people have been able to take their complaint relating to a neighbour’s evergreen hedge to their local authority, provided they have tried and exhausted all other possibilities for resolving the dispute. The role of the local authority is not to mediate or negotiate between the complainant and the hedge owner, but to adjudicate on whether – to quote the words of the Act – ‘the hedge is adversely affecting the complainant’s reasonable enjoyment of their property’. In doing so, the authority must take account of all other relevant factors and must strike a balance between the competing interests of the complainant and the hedge owner, as well as the interests of the wider community.

If they consider the circumstances justify action, the local authority will issue a formal notice to the hege owner which will set out what they must do to remedy the situation and by when. Failure to carry out the works prescribed is an offence which, on prosecution, could lead to a fine of up to £1,000.00

You can contact the ODPM (Office of the Deputy Prime Minister) about high hedge matters at [email protected].

To dispel a few myths:

• The legislation does not require all hedges to be cut down to a height of 2M.
• You do not need permission to grow a hedge above 2M in height.
• ASBO’s (Anti Social Behaviour Orders) cannot be served to high hedge owners.
• The legislation does not cover single or deciduous trees/shrubs.
• The legislation does not guarantee access to uninterrupted light.
• The local authority cannot require the hedge to be removed.
• There is typically a charge levied by the local authority prior to the investigation of the complaint.