High Hedges

Part 8 of the Anti-social Behaviour Act 2003, gives local authorities powers to deal with complaints about high hedges, and this came into operation in England on 1 June 2005. From this date, provided they have tried and exhausted all other avenues for resolving their hedge dispute, people will be able to take their complaint about a neighbour's evergreen hedge to their local Council.

The role of the District Council is not to mediate or negotiate between the complainant and the hedge owner but to adjudicate on whether - in the words of the Act - the hedge is adversely affecting the complainant's reasonable enjoyment of their property. In doing so, the Council must take account of all relevant factors and strike a balance between the competing interests of the complainant and hedge owner, as well as the interests of the wider community.

If the Council consider the circumstances justified, and all frivolous or vexatious complaints deterred, then a formal notice can be issued to the hedge owner which will set out what they must do to the hedge to remedy the problem, and when by. 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.

At the District Council Cabinet meeting held at Ebley Mill, Stroud on the 2 July 2005, it was recommended to Council to approve the initial full complaints fee of £300 with effect from the 1 June 2005, but will be subject to review after a period of three months. In addition, it was also recommended that a reduced rate of £100 for applicants in receipt of state benefits also be approved and reviewed after six months.