Firstly, we need to clear up exactly what constitutes a high hedge:
- Evergreen or semi-evergreen trees or shrubs
- Consisting of two or more trees
- At a height of two metres or more
- That blocks light or detracts from the enjoyment of a residential property
By definition, the local authority cannot become involved if:
- It is a single tree (be it evergreen or not)
- Is a deciduous tree or trees (trees that lose their leaves)
- Is less than 2 metres in height
- Affects commercial property (business)
After considering all of the above if you are sure that the hedge in question qualifies as a high hedge then there are a few more steps you need to take before we can become involved.
Firstly, you have to write to your neighbour (the owner of the hedge) and attempt to resolve the issue, we suggest that you keep some sort of proof that you have done this, as we need that proof before we can open an investigation.
Secondly, in that letter you will need to state that if a solution cannot be reached, you will be requesting the Council's involvement.
And finally, we have to make it clear at this stage that there is a fee of £200 to pay if you wish to get the Council involved.
I have done all the above, what do I do now?
If you have followed the steps above and now require the Council's involvement you need to call the planning department (01775 761161) and ask for the High Hedges Enforcement Officer. This officer will discuss with you what happens next in more detail.
Points to remember:
The legislation only allows us to deal with the height of the hedge, any problems caused by roots, loss of moisture to soil, birds or bird excrement, overhanging branches or anything other than the height - we have no power to control.
The Council's role is to strike a balance between the interests of you and your neighbour, once a complaint is submitted it does not automatically mean that the hedge will be cut down - results of an investigation may show that no reduction in height is needed.
If a reduction in height is needed, we cannot require the owner of the hedge to completely remove the hedge or reduce it below 2 metres or do works to the hedge that would cause it to die.
For more information on the High Hedges Legislation please see the Department for Communities and Local Government's webpage High Hedges which covers the process in significant detail. Alternatively if you have any more questions please call us on 01775 761161 or email at planningadvice@sholland.gov.uk
