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planning-applications.co.uk |
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GARDEN HEDGES
High growing hedges can be a cause for distress to
neighbours and sometimes even their owners. Inappropriate planting and
inadequate maintenance of vigorous hedge species – especially
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LODGING A COMPLAINT Part 8 of the Anti-Social Behaviour Act 2003 has now come
in to force and introduces a local authority administered procedure for
dealing with complaints concerning high hedges. An owner of property can make a complaint under the Act
on the ground that reasonable enjoyment of the domestic property* (or part of
it) is being adversely affected by the height of a hedge growing on
neighbouring land. This procedure is intended as a last resort after attempts
to resolve the issue through negotiation with the neighbour. The local
authority is able to reject a complaint if they consider it to be frivolous
or vexatiously made or if reasonable steps have not been made to resolve the
dispute amicably. The ‘hedge’ must be more than 2m high, must act to some
degree as a barrier to light or access and because of its height must be
adversely affecting the complainant’s reasonable enjoyment of their home or
garden. If the local authority consider that action should be
taken then they will issue a Remedial Notice. Failure to comply with such a
notice could constitute an offence liable to a fine of up to £1,000. A court
may order remedial work to be carried out or the authority could carry out
such work and recover the costs from the hedge owner. Any unpaid expenses are
registerable as a local land charge and will be binding on successive owners.
Individual trees are excluded, as are root damage from
hedges that are dealt with under Common Law. *Domestic property comprises a dwelling or any
associated garden and does not include any commercial property. |
The ODPM has published
the following documents which provide advice and guidance relating to hedges:-
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The aim of this document is to provide an objective
method for assessing whether high hedges block too much daylight and sunlight
to adjoining properties, and to provide guidance on hedge heights to
alleviate these problems. |
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A simple guide to making and trying to resolve a
complaint. |
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A useful checklist of information for selecting,
planting and resolving issues concerning hedges. |
HEDGING PRO’S AND CON’S
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Pro’s |
Con’s |
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Hedging
is a good weather and dust filter |
Hedges
take time to establish |
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Inexpensive
and long lived |
They
require regular maintenance |
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Encourages
wildlife |
Allowing
hedges to grow too tall blocks light and sterilises the ground in shade. |
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Can
be a feature of beauty and interest |
Neglect
may result in neighbour disputes |
Other
Sources of Information:
“Evergreen Hedges” – Arboricultural
Association
”Hedges and Screens” – Royal Horticultural Society
”A Secure Garden” – Metropolitan Police
Trees and Problem
Hedges
Department:
Office of the Deputy Prime
Minister
Document type:
Information
Date of publication:
12/03/03
Summary:
This information relates to high hedges and amenity trees
issues, including tree preservation orders (TPOs), and is dealt with by a
branch of the Urban Policy Unit in the Office of the Deputy Prime Minister.
Over the Garden Hedge
Department:
Office of the Deputy Prime
Minister
Document type:
Guidance
Date of publication:
28/11/02
Summary:
This leaflet gives guidance on the growth of hedges to
avoid disputes with neighbours.
High Hedges, Daylight
and Sunlight: Final report
Department:
Office of the Deputy Prime
Minister
Document type:
Information
Date of publication:
07/12/01
Summary:
A report by Building Research Establishment and Tree
Advice Trust on field tests carried out to validate draft guidance on the
assessment of high hedges alleged to be blocking too much daylight and sunlight
to windows and gardens of adjoining properties.
Statutory
Instrument 2005 No. 711: The High Hedges (Appeals) (England) Regulations 2005