High hedges complaints

Evergreen or mixed high hedges causing loss of enjoyment of property.

In 2003 as part of the Anti-social Behaviour Act 2003, the government created legislation for dealing with evergreen high hedges that cause loss of enjoyment of property. Please note that existing common law principles exist for overhanging trees, and existing statute laws exist placing responsibility for tree management on landowners. Therefore this legislation only considers loss of enjoyment of property due to the height of a hedge, and not its width, or the action of encroaching roots etc.

 

Definition of a High hedgerow

 

In this context, a hedgerow must be either entirely or predominantly evergreen to fall within the legislation, and consist of at least two evergreen trees, with touching branches.

 

When can the Council become involved?

 

The legislation requires complainants to demonstrate to the Council that they have exhausted all reasonable avenues trying to negotiate a solution with the landowner directly, before an application under this legislation can be accepted. What is reasonable in this context is explained in detail in the publications available for free from the Department for communities, namely  “Over the Garden Hedge” and “High Hedges Complaints: Prevention and Cure”, which can be downloaded free from central government  and search for 'high hedges'.

 

If you are unable to resolve the problem with the hedge owner directly, for a non-refundable fee of £400 the Council can investigate the matter, provided all necessary steps have been taken. Please note that this cost applies whether the application is successful or not. Applicants are advised not to submit an application until they are sure they have complied with all the government guidance. Please note that in respect of mediation, the Council expect evidence of mediation failing, or one party not entering into mediation to come from an independent mediator and be submitted with an application.

 

To register a complaint and get further information contact the tree team in the planning unit on (02082072277) or email planning-trees@hertsmere.gov.uk

 

Note: this is a only precursor to making an application, and we will send you advice as to how to proceed). We will not contact the hedge owner.

 

Hertsmere Borough Council's fee for accepting a formal application under high hedges legislation, and investigating the complaint is £400.

 

Further information on High Hedges legislation, visit Communities and Local Government website.