Recent legislation gives people whose gardens are overshadowed by tall hedges the opportunity to resolve the problem without involving lawyers.
Legislation
The Anti-Social Behaviour Act 2003: Part 8 came into force on 1 June 2005. This law gives people whose ‘reasonable’ enjoyment of their property is impaired by high hedges in close proximity the chance to alleviate the effects of overbearing living screens.
Advice and information
The Office of the Deputy Prime Minister (ODPM) has produced a series of booklets detailing how to complain, and respond to complaints. These are available from Communities and Local Government by calling 0870 1226 236, or from its website, and include:
- The right hedge for you: a guide to choosing a garden hedge - How to choose a hedge that won’t get out of hand.
- Over the Garden Hedge - How to resolve disputes without involving the council.
- High hedges: complaining to the Council - How to go about making a complaint.
- Hedge height and light loss (£6.50 for a printed copy) - Detailed guidance on assessing the effect of light loss with respect to the legislation.
- High Hedges Complaints: Prevention and Cure - Detailed guidance for on implementing the legislation.
- High Hedges: Appealing against the council's decision.
View a pdf document of the RHS Conservation & Environment leaflet on garden hedges (363KB)
Complaints
High-hedges complaint legislation has been designed so that the general public is able to use it without the need to involve lawyers. It appears that there has not been the expected flood of complaints since the law came into force, although as yet there are no official statistics available.
Lack of complaints may mean that hedge disputes are now readily resolved informally,
or that the fee level, typically £450, deters complaints. Possibly the legislation is too complex. The RHS would be most interested
in feedback from people who have used this legislation or have been asked to reduce their hedges. Please e-mail the Advisory Service.
Some points brought to the attention of the RHS Advisory Service that have caused confusion include:
- Only evergreen hedges or semi-evergreen ones that stay green most of the year are covered. Bamboo and ivy are not included.
- A hedge, for the purposes of this law, is two or more trees in a line.
- Local authorities can set their own fees. Most charge more than £400 to deter vexatious to frivolous complaints. This is cited as a disincentive to use the legislation.
- The need to demonstrate negotiation before an official complaint can be made has caused confusion.
- Enforcement of hedge height reduction is limited to what is sufficient for those affected to enjoy reasonable use of their property, rather than a 2m (6.5ft) standard height.
Guy Barter