Nuisance caused by trees and high hedges
Nuisances caused by high hedges / Leylandii
We are often asked about high hedges and nuisance hedges that are causing problems for members of the public living in Kennet. To provide further advice, some of the frequently asked questions are answered below
. Environmental Health do NOT deal with high hedges.If you have any queries, please contact the Conservation Team on 01380 724911
1. Is there any legislation dealing with the problem of nuisances caused by high hedges?
Yes, sections 65 to 84 of the Anti – Social Behaviour Act 2003 contains provisions relating to high hedges. These provisions were brought into force on June 1st 2005
.2. Does Kennet District Council have any powers concerning high hedges?
Yes, the Council can investigate complaints made about high hedges on the grounds that the hedge detracts from the reasonable enjoyment of your home or garden because it is too tall. However, involving the Council should be a last resort and one undertaken only if discussions and written requests to the owner of the hedge in question have not been successful. A useful booklet ‘High hedges: complaining to the Council’ has been published by ODPM and is available on their web site or free of charge on request from the Council.
3. Who will be able to complain?
The owner or occupier of a domestic property. Domestic property is defined as a “dwelling or its associated garden or yard”
.4. What can they complain about?
They can complain that their reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person or organisation. Reasonable enjoyment could include obstruction of daylight and sunlight, or domination of a garden by a high hedge
.5. Is a ‘high hedge’ defined?
Yes. It is defined as ‘so much of a barrier to light or access as
a) is formed wholly or predominantly by a line of two or more evergreens; and
b) rises to a height of more than two metres above ground level
6. Can a complaint be made if a hedge is less than 2 metres tall?
No
.7. Is the Local Authority obliged to accept a complaint?
No. The Council may decline to accept the complaint if it considers that the complainant has not taken all reasonable steps to resolve matters complained of before contact the local authority, or that the complaint is frivolous or vexatious. This is designed to prevent malicious and unfounded complaints and also to ensure that a hedge victim has a least tried to reach agreement with the hedge owner as to a reasonable height. Advice on what information is required is available in the guidance notes accompanying the application form, downloadable from the Council’s web site or available from the Council offices at Browfort, Devizes.
8. Does it cost anything to make a complaint?
The Council has set a fee of £300 for investigation of these complaints. This is less than the figure assessed by the Government as required to cover the likely costs, and less than many other local authorities charge. It is set at a level designed to recover the anticipated costs to Kennet of investigating the complaint
.Download a high hedge complaints form (pdf format 225kb)
9. If the Council accepts the complaint as valid, what happens next?
The Council must then investigate the complaint and decided whether or not it is justified taking into account national guidance notes and advice issued to local authorities by central government. The Council will write to the owner of the hedge to seek their views and to gain access to the hedge. It will also visit the complainant’s property to assess the impact and measure the height of the hedge and its position in relation to the dwelling and garden. The Council will then write to the parties with its decision, explaining the reasons for it
.10. It is decided that the hedge is too high, what happens next?
The Council must then issue a ‘remedial notice’ to the hedge owner, specifying the initial action to be taken by him, any preventative action to prevent the problem from re-occurring and the penalties for failing to comply with the notice. The notice will cite a commencement and a completion date for the works to be undertaken. The notice will also be subject to a formal appeals procedure. Appeals will be handled by the independent Planning Inspectorate.
If the Council concludes that no action is necessary, this decision can also be appealed by the person making the complaint.
11. Can it be ordered for the hedge to be removed altogether?
No. Neither can it be ordered that the hedge be reduced in height below 2 metres
.12. Where can I get more information on High Hedges?
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The Office of the Deputy Prime Minister (ODPM) produces a range of booklets and leaflets, including:
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‘High hedges:complaining to the Council’;
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‘Over the garden hedge’ – a leaflet on how to settle your hedge differences without involving the Council’
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‘Hedge height and light loss – a booklet to help you assess whether an evergreen hedge is blocking too much daylight and sunlight to neighbouring properties. A printed copy of this costs £6.50.
Department for Communitis and Local Government
Tel : 0870 122 6236
web site at www.communities.gov.uk
Hedgeline (The Campaign for the effective Legislative Control of Species in Residential Areas of the U.K)
Website : www.hedgeline.org (External link)