Are tall hedges causing you a problem?
You may have heard about recent legislation which clarifies what is, and what is not, acceptable. If the enjoyment of your property is being affected by the height of a neighbour's hedge you have a right to get it cut down so that it is not more than 2 metres high. In the first instance, you need to talk to your neighbour and explain how you are being affected. However there have been so many problems in the past that legislation has now been enacted to provide legal remedies. The following advice has been given by our local authority.

“The relevant provision is the Anti Social Behaviour Act 2003 which contains a number of different measures including provisions about high hedges. The Act received the Royal Assent before Christmas and is being brought into force in parts. As yet there is no indication of when the high hedge part will be enacted.

When in force the new law will generally provide as follows:-

1. An owner or occupier of domestic property will be entitled to complain to the District Council that the reasonable enjoyment of their property is being adversely affected by a high hedge on land owned or occupied by someone else. A high hedge means a barrier to light or access formed wholly or predominantly by two or more evergreens that exceed 2m. in height.

2. On payment of a fee, and if it considers that all reasonable steps have been taken by the complainant to resolve the issue, the Council can decide whether the complaint is made out and, if it is, what remedial steps are required. It can then serve a remedial notice requiring the recipient to take identified action to remedy the situation.

3. The notice can be the subject of an appeal to the Council and then to the Secretary of State.

4. Failure to comply with an extant notice is an offence.

5. Alternatively, or in addition, the Council can enter the land and carry out the remedial work themselves, recharging the cost to the recipient.”

There is more information on this subject on the website of the Office of Deputy Prime Minster at

http://www.odpm.gov.uk/stellent/groups/odpm_urbanpolicy/documents/page/odpm_urbpol_607967.hcsp"