High Hedges

New powers were created for Local Authorities under Part 8 of the Anti-Social Behaviour Act 2003 to tackle problems associated with high hedges.

New powers have been created for Local Authorities under Part 8 of the Anti-Social Behaviour Act 2003 to tackle problems associated with high hedges.

What is a High Hedge?

A ‘high hedge’ is defined (in Section 66 of the Act) as a line of two or more evergreen trees or shrubs which rise to a height of over two metres above ground level. The Local Authority may take action against the owner of a property where such a high hedge is growing, if the hedge forms a barrier to light or access, such that the owner or occupier of a neighbouring property has his reasonable enjoyment of that property adversely affected.

Is the new law in force now?

The Act itself has received Royal Assent and Part 8 will come into force on 1st June 2005.

Complaint forms and an accompanying guidance note may be down loaded from this site and will also be available from Wychavon District Council Offices and the Community Contact Centre’s in Droitwich Spa and Evesham from the 25th May 2005. No action will be taken until after the commencement date of June 1st.

What action may be taken?

Formal action by the Local Authority could require the owner of the hedge to reduce its height to a maximum of 2 metres. The Council cannot require the hedge to be completely removed.

What is the cost?

Section 68(1)(b) of the Act allows the Local Authority to charge a fee for investigating such a complaint. Wychavon District Council is proposing to set this at £320.00.

Can I recover this cost?

If your complaint is upheld by the District Council you may be able to recover the costs from the hedge owner through the Small Claims Court. In these circumstances the Council will allow its complaint file to be used as evidence.

Charitable organisations, for example Help the Aged, may be able to offer assistance to eligible persons in making a complaint.

Does the Council have to act on my complaint?

The Council may decline to investigate a high hedge complaint where it considers that the complainant has not taken all reasonable steps to resolve the matter him/herself or where it considers the complaint to be frivolous or vexatious.

Further information

• High Hedges - Complaints Form
• High Hedges - Guidance Notes

Contact:  Graeme Duerden Planning Services
Wychavon District Council

Telephone 01386 565565
E-mail: planning@wychavon.gov.uk