High Hedges and Hedgerows

The right type of hedge which is well-maintained can make an ideal garden boundary but the wrong type or one that is not well-maintained may cause problems between neighbours.

Part 8 of the Anti-Social Behaviour Act 2003 gives the Council powers to intervene when there is a dispute. However, this intervention should only be a last resort and it has to be shown to the Council that you have reasonably done everything you can to resolve the dispute yourselves.

The Process

Before you contact the Council, you should have tried the following:

• Calmly discussing your concerns about the hedge with your neighbour. Keep a diary record of your conversations.
• If you cannot talk to your neighbour or do not feel confident enough to do so, write a polite letter and keep a copy along with any reply.
• If neither approach works, invite them to talk to independent mediators.

If you have tried the above steps with no success then you can apply to the Council to intervene provided you can answer 'yes' to all the following points:

The Hedge

• Is the hedge growing on land owned by someone else?
• Is the hedge (or the portion of it that is causing problems) made up of a line of two or more trees or shrubs?
• Is it mostly evergreen or semi-evergreen?
• Is it more than two metres tall?
• Even though there might be gaps in the foliage or between the trees or shrubs, is the hedge still able to obstruct light or views?

Who can complain?

• Are you the owner or occupier of the property affected by the hedge?
• Is the property residential?

Grounds of complaint

• Does the hedge detract from the reasonable enjoyment of your home or garden because it is too tall?

If you have answered 'yes' to all these points, you can complete an application form and send it to the Council with your proof of failed discussions and a fee of £100.

What happens next?

The Council will check your application to ensure that it meets the criteria for a case in which it can intervene. The owner of the hedge will then be asked to submit their views on the matter. A date will then be arranged with both parties for an officer of the Council to visit both properties to assess the situation.

The site assessment

The role of the Council is not to mediate or negotiate between the complainant and the hedge owner but, as a last resort, to adjudicate on whether the hedge is adversely affecting the complainant's reasonable enjoyment of their property. Various measurements will be taken of the hedge and the two gardens and assessment made of the contribution that the hedge makes to each property. A calculation is made of the effect the hedge has on light reaching the garden and also the house and will gives a suitable hedge height for each.  Whichever is the lower height is a guide to the height which can be enforced.

If, after investigation, the Council find the complaint is justified, it can issue a formal notice to the owner of the hedge informing what action they must take with the hedge and within what time. Failure to comply with such a notice is an offence which, on prosecution, could lead to a fine of up to £1000. The Council also have the power to undertake the required work and to recover their costs from the owner of the hedge.

Further information

An application form and guidance notes are available from Nelson Town Hall or can be downloaded by clinking on the links below

High Hedges Application form

High Hedges - Guidance notes

A guide leaflet called High Hedges: Prevention and Cure has been written by the Government.

Leaflets are available from Nelson Town Hall and No. 1 Market Street, Nelson as well as from Barnoldswick Council Shop. They can also be downloaded at the Communities and Local Government website.

If you have any queries about this new legislation or require an application form, please contact the Principal Environment Officer.

phone: 01282 661729 email: planning@pendle.gov.uk