If you have a dispute with your neighbour about hedges you should first try to resolve it by negotiating with them. For help with this, see Guidance: over the garden fence (GOV.UK).
Involving the local authority should always be your last resort. But, if you have exhausted all avenues, you may be able to make a complaint to us.
Complaints we can consider
You must be able to show that you have tried to solve your hedge problem with your neighbour. Failure to do this could mean we reject your complaint.
Under the legislation, we can only consider a complaint if:
- it relates to a high hedge as defined in the act, in other words:
- the hedge – or the part that is causing problems – must be made up of a line of two or more trees or shrubs
- it must be mostly evergreen or semi-evergreen
- it must be more than two metres above ground level
- even if there are gaps in the foliage or between the trees, the hedge must be still capable of obstructing light or views
- the hedge must be on land that is owned by someone other than the complainant
- it must be affecting a domestic property
- the complaint must be made on the grounds that the height of the hedge is adversely affecting the reasonable enjoyment of the domestic property in question
- the owner or occupier of that property must make the complaint
How we will deal with the complaint
We charge a fee for considering a high hedges complaint.
- £540
Although the legislation does not specify procedures or time limits, we will take into account all relevant factors. We will assess each case on its merits.
This means we will need to gather information:
- about the hedge
- its effect on the complainant and hedge owner
- its contribution to the wider amenity of the area
We will decide if the height is affecting the reasonable enjoyment of your property. If we decide it is, we can then consider what, if any, action, can be taken. This might include remedying the current problem and preventing it recurring.
Remedies
If we decide that action should be taken to resolve the complaint, we will issue a formal remedial notice. We issue this to the person responsible for the hedge. It sets out what they must do and by when.
Actions could include long-term maintenance of the height of the hedge at a lower height. In accordance with the legislation we cannot require a hedge to be reduced to below two metres in height or its removal. Hedge-owners would be free to go further than the remedial notice requires if they choose.
Appeals
Depending on our formal decision for a high hedge complaint the complainant(s) and in certain cases the hedge owner(s) can appeal against our decision. They must do so within 28 days starting from the date that we notify the parties of our decision. The remedial notice would be suspended while the appeal is being determined.
Enforcement
Failure to comply with the requirements of a remedial notice would be an offence. If convicted in a magistrates court, the hedge-owner could be fined up to £1,000 (level 3 on the standard scale). In addition to or in place of a fine the court might then issue an order for the offender to carry out the required work within a set period.
Failure to comply with the court order would be another offence, liable to a fine of up to £1,000 (level 3 on the standard scale). At this point, the court would also be able to set a daily fine for every day that the work remained outstanding.
If the works set out in the remedial notice is not carried out we have powers to do the work specified. We will recover our costs from the hedge owner. Please note, there is no requirement or obligation on us to intervene in this way.
Facts about high hedge legislation
- the legislation does not require all hedges to be cut down to a height of two metres
- you do not have to get permission to grow a hedge above two metres
- when a hedge grows over two metres the local authority does not automatically take action, unless a justifiable complaint is made
A complaint to us does not always mean we will order your neighbour to reduce the height of their hedge. We have to weigh up all the issues and consider each case on its merits:
- the legislation does not cover single or deciduous trees
- the local authority cannot require the hedge to be removed (or works which would result in the removal of the hedge
- the legislation does not guarantee access to uninterrupted light
- there is no provision to serve an Anti-social Behaviour Order (ASBO) in respect of high hedge complaints
Planning officers manage high hedge complaints. If you have a question, or want to make a high hedge complain email planning.enforcement@tmbc.gov.uk
Advisory note
Preventing hedge problems
The right hedge can be an ideal garden boundary. When choosing a hedge, careful consideration may help prevent future issues.
Why plant a hedge?
A good hedge has many benefits as a garden boundary
- shelter, reducing wind strength better than a solid barrier
- filter, absorbing dust and noise
- privacy, as an effective visual screen
- security, a prickly hedge is a great deterrent
- beauty and interest from seasonal changes
- background texture and colour complement other plants
- wildlife, food and shelter for insects, birds and mammals
- weather-resistance much better than fences
- money saving compared with most fencing
- long-lived, hedges can last hundreds of years
When deciding to plant a hedge, there are also some important factors to think about.
Maintenance
A hedge requires a commitment to regular maintenance. All types need trimming at least once a year, others more often.
Regular light pruning is better for the hedge, and easier for you than infrequent heavy pruning. High and overgrown hedges often need professional help to get them back into shape. This also creates a huge heap of garden waste to dispose of.
Time to establish
Add a temporary screen of fine netting or windbreak material to create privacy while the hedge grows. A faster growing variety which establishes more quickly might not be suitable in the longer term as it keeps on growing.
Ability to outgrow the site or cause damage
Avoid the problems which can be caused by a hedge which gets too big for its situation by choosing the right plants.
Making the right choice
The benefits of growing hedges on your boundary depend on choosing the right plants. Unsuitable varieties could lead to a range of problems, especially if the hedge grows too big. These problems include:
- it will be difficult to trim and may cut out light to your garden or house
- roots could deprive other plants of water and nutrients, and even interfere with paths and buildings
- oversize hedges will intrude on your garden space, and may cause problems with neighbours
- oversize hedges can be costly and time consuming to cut back
- most conifers, including Leyland and Lawson's cypress, will not tolerate hard pruning
- if the hedge borders a road or path the local authority could get involved, and insist you cut the hedge back
The Royal Horticultural Society produces advice on choosing hedges.