Is your boundary hedge having an adverse effect on your immediate neighbour’s enjoyment of their property?
Since 2005, Local Authorities have had the power to deal with complaints
HEDGE ROW! Who gives a ....
D
oes your golf course or grounds abut a residential property? If so, is the boundary defined by a tall
conifer or semi-evergreen hedge? Whilst the hedge may serve as a screen, or some other purpose, have you thought about the potential effect its presence could be having on your neighbour’s enjoyment of their property and/or garden, for example by casting excessive shade for a large part of the day? Have you spoken to the neighbour about the hedge to ensure that they are happy with it? Have they complained to you about any detriment the hedge is having on their property?
Since the 1st June 2005 Local Authorities have had powers to deal with complaints about high hedges which are having an adverse effect on a neighbour’s enjoyment of his or her property.
These powers are conferred on authorities under Part 8 (High Hedges) of the Anti-social Behaviour Act 2003, and were introduced following responses received to a consultation paper ‘High Hedges: possible solutions’ in 1999. The majority of respondents to this paper favoured a complaints system provided that it was used as a last resort and neighbours had made every effort to
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resolve the issue amicably with the hedge owner before submitting a complaint. Basically, an aggrieved neighbour may
make a complaint to his Council on the grounds that the reasonable enjoyment of his property is being adversely affected by the height of an adjacent high hedge (the legislation states where it is a ‘barrier to light or access’) and if the following criteria are met:
• They are the owner or occupier of a domestic property.
• The hedge is on neighbouring land that is owned by someone else.
• The hedge is formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees or shrubs.
• The height of the hedge is more than two metres tall, (measured from the ground level on which it grows).
Any complaint must be accompanied by the appropriate fee (if one is charged by the relevant Council). The local authority may return the complaint form if the fee is not attached and/or reject the complaint if they consider that the complainant has not taken all reasonable steps to resolve the matter without first involving the authority, or if they
consider that the complaint is frivolous or vexatious. If the local authority decides not to proceed with the complaint they must inform the complainant as soon as is reasonably practicable and explain the reasons for their decision.
The Office of the Deputy Prime Minister (ODPM) provides guidance in its booklet ‘High Hedge Complaints: Prevention and Cure’ (May 2005) on how to administer and determine complaints and in ‘Hedge height and light loss’ (March 2004) how to calculate the appropriate height of a hedge in varying situations and orientations to a property. There is no requirement to formally
register a complaint and there are no set time limits for determining a complaint (the ODPM in his leaflet ‘High Hedges: complaining to the Council’ states that complainants should not expect an answer for at least twelve weeks). Complaints may be made against loss of light to garden or property or both. The ODPM provides formulae and guidance for working out the appropriate height of a hedge in certain situations. Different calculations are required to be made in respect of the effects a hedge may be having on either a garden or property. Where a complaint
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