On 1st June 2005 new legislation (Part 8 of the Anti-Social Behaviour Act 2003) came into effect that will require everyone with a high hedge to consider the affect such hedges have on their neighbours.
You do not usually need permission to plant a hedge in your garden, but from 1st June you have a responsibility for looking after the height of the hedge so it doesn’t block light to your neighbours’ property
An important change in the law means that, from 1 June 2005, local authorities have the power to deal with complaints about high hedges. Provided you have tried and exhausted all other avenues for resolving your hedge dispute, you can bring your complaint about a neighbours evergreen hedge to the District Council. The Council will then decide whether the hedge is adversely affecting your reasonable enjoyment of your property and if so, the Council can issue a formal notice setting out what must be done to remedy the problem. The Council does not have the power to require the hedge to be removed (only reduced in height) and therefore cannot guarantee access to uninterrupted light.
An example of a hedge covered by legislations...
An example of a hedge covered by the new legislation would be a row of six conifers, 4 metres high blocking light to the lounge window of a neighbouring house.
..and one not covered
An example of a hedge not covered by the new legislation would be a row of 5 metre high beech trees, as these lose their leaves in the winter.
Choosing the right hedge
The correct hedge can have many benefits to a garden. It can act as a screen reducing visual impact as well as being an effective security deterrent. An appropriately chosen hedge can form an ideal garden boundary, but the wrong hedge can cause problems.
The new legislation means you have a responsibility for looking after the height of your hedge so it doesn’t block light to your neighbours’ property. The legislation applies particularly to fast growing conifer trees, such as Leyland Cypress hedges.
Further information
Further advice on choosing the right hedge for your garden can be found on the Office for the Deputy Prime Minister Website www.odpm.gov.uk/treesandhedges
If you have a problem that cannot be resolved by discussion with your neighbour, or with the assistance of the Council, we would be happy to review the particular circumstances of your dispute and advise appropriately.
For further information or advice on the high hedges new legislation, please contact Ben Clements.
