Hedges can be a real bonus in a garden, creating shelter and privacy, a green backcloth to gardens and a buffer to commercial premises and street traffic. However, inappropriate and / or badly maintained hedges can cause worry and excessive work for owners and may lead to disputes with neighbours over their maintenance and height.
Rapid-growing, coniferous hedges are the most problematic, especially Leyland’s Cypress, sometimes referred to as "leylandii."
Part 8 of the Anti-social Behaviour Act 2003 came into operation in England on 1 June 2005 and gives Leeds City Council powers to deal with valid complaints about high hedges.
What sorts of complaint can we look at?
If a hedge "victim" has genuinely attempted to reach a negotiated compromise with the hedge owner, has paid the appropriate fee, and can answer ‘yes’ to all of the points listed below, we should be able to look at the complaint:
About the hedge
- Is it growing on land owned by someone else?
- Is the hedge – or the portion that is causing problems – made up of a line of two or more trees or shrubs?
- Is it mostly evergreen or semi-evergreen?
- Is it more than two metres tall?
- Even though there might be gaps in the foliage or between the trees or shrubs, is the hedge still capable of obstructing light or views?
Who can complain
- Is the complainant the owner or occupier (e.g. tenant) of the property affected by the hedge?
- Is the property residential?
Grounds of complaint
- Does the hedge detract from the reasonable enjoyment of a home or garden because it is too tall?
How it works
Provided they can demonstrate they have tried and exhausted all other avenues for resolving their hedge dispute, house owners/tenants will be able to take their complaint about a neighbour's high hedge to the Council.
If the circumstances justify it, the council will issue a formal Remedial Notice to the hedge owner. This will set out what they must do to the hedge to remedy the problem. This will include an "action height" to which the hedge should be reduced, and a range of heights within which the hedge should be maintained in the future. It will also set out dates when the work must be done by, and if the work needs to be phased to avoid the bird nesting season or to stagger drastic pruning interventions.
Failure to carry out the works required by the authority is an offence which, on prosecution, could lead to a fine of up to £1,000. Both parties, and affected third parties, can appeal to the Planning Inspectorate within 28 days of a Notice being served.
Why do I have to pay for this and how much will it cost?
The council has taken the view that the service is to be self-funding, rather than an additional burden on all council tax payers. The total fee payable is £425, broken down into two stage payments. You can find out more the downloadable guide on fees.
Clearing up some myths about the new regulations
- The legislation does not require all hedges to be cut down to 2 metres height
- You do not have to get permission to grow a hedge above 2 metres
- When a hedge grows over 2 metres, the council cannot automatically take action, unless a justifiable complaint is made and a fee paid
- It does not automatically follow that we will order the hedge owner to reduce its height - each case will be looked at on its merits
- The legislation does not cover single trees
- Nor does it cover deciduous hedges or trees (which lose their leaves in winter)
- The council cannot require a hedge to be removed
- The legislation does not guarantee access to uninterrupted light
- ASBOs (Anti-social Behaviour Orders) are not used in high hedge complaints
- The legislation will not mean that you can prune your neighbour's hedge
- Beech hedges are not included
Further information is available on the Communities and Local Government website and in the downloadable guidance.
Contact us at the following address or via the e-mail link:
Landscape Team
Sustainable Development Unit
The Leonardo Building
2 Rosssington Street
Leeds LS2 8HD