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Monday , September , 25 2017

Hedges

 

High Hedges

If you are having issues with high hedges, please read the Over the Garden Hedge as your first port of call for advice and information about what to do next.

If you have tried all options listed in the document and have still not resolved your dispute, you can report the issue to us by completing the high hedges complaint form.

We will not negotiate between the complainant and the hedge owner, but will decide whether the hedge affects the complainant's enjoyment of their property.

What if I disagree with the Council's decision?

If we decide the complaint is not valid and does not proceed with it there is no specific right of appeal. However, you can complain through the Council's own Complaints procedure. If the Council adjudicates on the complaint then there is a right of appeal to the Planning Inspectorate if you disagree with the Council's decision.

What happens once a decision on reducing the height of a nuisance hedge has been made?

There will be a specified period of time in which the hedge owner must carry out the work required. Failure to carry out the work is a criminal offence and could result in prosecution.

What happens where a hedge is jointly owned but your neighbour does not maintain their side of it? Can you complain to the Council under this legislation?

You can only complain to the Council about a hedge that is on land owned or occupied by someone else. In this example, the land where the hedge is growing is jointly owned by the person who would be making the complaint so you can't use the high hedges legislation to solve your problems. Depending on the terms of the party agreement, both neighbours might be entitled to cut the whole of the hedge - both sides and top.

 

Hedges

Hedges that are at least 20 metres in length, more than 30 years old and contain certain plant species are also protected. It is against the law to remove or destroy such a hedgerow without permission from the council. 

Further information is available from Natural England.  

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