Summary
An introduction to procedures involved when complaining about a high hedge including our role, what to do before you complain, information on the possible outcomes and how to appeal.
High hedges are governed by the Anti-social Behaviour Act 2003, Part 8.
People do not normally require planning permission to plant a hedge in their garden and there is no restriction in place that limits the size it can be.
Our role is not to mediate or negotiate between complainants and hedge owners. Our role is only to judge on whether in the words of the Act, the hedge is adversely affecting the complainants reasonable enjoyment of their property. We will look at the views of the complainant and the hedge owner and the consequences works to the hedge will have on the environment and neighbourhood within which the hedge is situated.
We do not have the power to remove hedges altogether, only to attempt to limit the impact the hedge is having if we consider the complaint has merit.
What should I have done before contacting you?
We should be contacted as a last resort if a solution can not be reached with your neighbours. We have a right to refuse to intervene if it is felt that everything reasonably possible has not been attempted to settle the dispute. Even if your dispute has been ongoing for years we will expect a recent attempt at compromise or a resolution to the problem to be proved.
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Talk to your neighbours or write them a polite letter outlining your concerns.
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Failing this, invite them to talk to an independent mediator.
You should keep a diary of all these actions and measures you have undertaken to compromise with your neighbour. To just say your neighbour is unapproachable will not be acceptable. If all of the above has failed you may apply to us for help if you can answer yes to all of the following points.
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The hedge is growing on land owned by someone else
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The hedge is made up of a line of two or more trees or shrubs
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The hedge is mostly evergreen or semi-evergreen
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The hedge is more than two metres tall measured from where it is growing
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The hedge is affecting a domestic property and the reasonable enjoyment of that property
You should think very carefully before complaining to us, the fee will be non refundable, even if the complaint is considered not worthy of action in accordance with the legislation.
The legislation imposed on high hedges excludes such complaints as those relating to root damage, the effect the hedge dispute is having on personal feelings and personal perception of the hedge and its condition or the effect the hedge has on television or satellite reception.
What is the fee for a high hedge complaint?
The fee for submitting a complaint to us is £350 with a fifty percent discount for people claiming means tested benefits or war pensions.
How long will it take for my application to be considered?
There is no defined timescale as to how long we have to reach a decision on a complaint about a high hedge; it will take time to gather all the information from both parties and to conduct a site visit.
What happens if I have made a valid complaint?
If we feel that the hedge should be modified in favour of the complaint, we will issue a formal notice to the owner which will set out what works we expect to be carried out. Failure to carry out these works is an offence which if prosecuted could lead to a large fine.
What if I disagree with your view?
If you do not agree with the our decision whether you are the complainant or the owner of the hedge you have the right to appeal to the Planning Inspectorate. They must receive your appeal within twenty eight days of the date of our decision letter. More information on the appeals procedure can be found by following this link to the appeals web page| on our web site.
More Information
For more information regarding high hedges visit the web site for the Office of the Deputy Prime Minister| [External link].
If you choose to pursue a complaint, and wish to be sent the relevant application forms you can visit the Council Offices or alternatively ring Planning Administration on Leicester (0116) 257 2636 or email planning@oadby-wigston.gov.uk|