How tall can hedges be
The information will then be assessed using calculations provided by the government. If the council decide action is necessary, a formal notice will be issued to the hedge owner, setting out what must be done to the hedge and when it must be done by. This is known as a remedial notice. It can also require the hedge owner to keep the hedge trimmed to its new size. No, the notice can only require the hedge to be reduced in height. The minimum height a hedge can be maintained at is 2 metres, although in some cases it might be higher than this, depending upon the position of the hedge and its relationship to the affected property.
A height of 2 metres may not be appropriate in every case. There is no set deadline to decide a complaint. The government has suggested in its leaflet high hedges: complaining to the council that people should not expect a decision on their complaint for at least 12 weeks. What if the hedge owner fails to cut the hedge after being delivered a remedial notice?
Failure to carry out the works ordered by the council is an offence. The council can go onto the property and cut the hedge if the hedge owner fails to undertake the work themselves, and recover the costs incurred. High hedges The Government has produced regulations about high hedges and has issued guidance to help Local Authorities to deal with complaints about them.
Making a complaint to us People are able to take complaints to the Council about high hedges, provided they have tried and exhausted all other means for resolving their hedge dispute. If you can demonstrate the above, the Council can look at your complaint if:. In this section Hedgerows. The Act applies to trees or shrubs that keep their foliage all year evergreen and to those that keep at least some live foliage for the year semi-evergreen. It does not include climbing plants, such as ivy, or bamboo, which is considered 'grass'.
Mixed hedges that include some deciduous species are also covered by the Act. If you are unsure of whether a plant is considered evergreen or semi-evergreen, research the particular tree or shrub at the library or via an internet search. Take measurements of the hedge from the ground at the base of the trunks or stems of the trees or shrubs in the hedge. If the hedge has been planted on a mound, or in a bed or other container raised above the ground measure the hedge from the natural ground area, rather than the hedge alone.
If the hedge affects anything other than living accommodation, it will not be considered valid. Buildings not used for living accommodation might include, for example, a barn, shed, or garage If you are not currently living in the property, and it is empty, you may still be able to make a complaint under the Act if, for example, you are unable to sell the house due to the high hedge. If the property contains a mix of domestic and commercial uses, the Act would apply to protect the living quarters only.
The Crown, however, cannot be prosecuted under the Act, although the employees of whichever body resides on that land e. NHS Trust could be. If a council rejects your complaint, they should explain the reasons for their decision and return any fee. While there is no right of appeal, if you believe that the council has not applied the legislation correctly, you can refer the matter to the council's complaints officer or to the Local Government Ombudsman.
As a last resort, you may apply to the High Court to challenge the decision by judicial review. In Northern Ireland, if there is a covenant in the title deeds to the affected property restricting the height of any boundary hedge, you may be able to take legal action. However this could very well be costly, and so you are advised to try to come to an amicable solution with your neighbour if at possible. For details of nuisance high hedges legislation in Northern Ireland, see High hedges. Need assistance?
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Search Basket. Law guide: Complaints and disputes. Plant health. Take part in our research. Meet the team. Shop plants rhsplants. Shopping with the RHS. RHS Christmas gifts. Help us achieve our goals Make a donation. Join the RHS today and support our charity Join now. Save to My scrapbook. A high hedge. Quick facts. Jump to What are high hedges? Making a complaint How much will the hedge be cut back by? What are high hedges? However, a council can exclude specific trees or require different work.
Making a complaint The high hedges legislation has been designed so that the general public is able to use it without the need to involve lawyers. Keep a copy of any letters to demonstrate you have tried. If negotiation is unsuccessful, contact your local council to enquire about using the high hedges legislation.
This will allow the hedge to grow in between trimmings, but still remain below the stipulated height For more information on the complaints procedure, see the Communities and Local Goverment website: guidance on high hedges legislation.
How much will the hedge be cut back by? However, the legislation does not guarantee access to uninterrupted light The hedge is on a slope , so is more overbearing The hedge blocks a view. Fact and fiction There are some common misconceptions about the high hedges law, some of which are explained below. What the law can do: It can override Tree Preservation Orders TPO , although these should be considered when the complaint is evaluated It may be decided that a hedge needs to be cut back in stages e.
And visit our advice page on Trees and the law. Frequently Asked Questions Is the person who plants a hedge responsible for maintaining it?
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