What is the high hedge legislation?

  
Part 8 of The Anti-social Behaviour Act 2003 came into operation on 1st June 2005 - since then Braintree District Council has been empowered to decide high hedge complaints.

This is very much a last resort and the complainant will need to prove that they have exhausted all other avenues and have even attempted mediation in most cases before making a formal complaint to the Council.  Braintree District Council does not get involved during these early stages.

Once a complaint has been accepted the Council's role is solely to adjudicate and to strike a balance between the competing interest of the complainant and the hedge owner and the interest of the wider community.

What is the complaints process?

The hedge must meet the criteria of high hedge as specified by the legislation.

The complainant must be able to demonstrate that they have tried to discuss the problem through meetings, telephone conversation, letters and/or mediation (we are able to supply a SEAMS mediation information leaflet on request) before the complaint is made.

A Complaint form  is available with accompanying Guidance Notes and customer contract   

The fee must be submitted.  This is £600 non refundable fee paid by the person who is complaining about the hedge.

The whole process takes 12 weeks.  The first few weeks are to allow the hedge owner to look at the full details of the complaint, to comment and for the complainant to respond to these comments.  Following this the hedge is  inspected by a Council Officer and measurements are taken.  The report is then issued a few weeks later.

Should the decision be in favour of the complainant the Council will issue a remedial notice requiring the hedge to be reduced in height - the requirement to maintain the height of the hedge at the specified height will remain with the hedge for its lifetime.  Should the decision be in favour of the hedge owner, there is no refund of the fee to the complainant and there are no restrictions placed on the hedge.

Should the owner of the hedge not comply with a remedial notice within the specified time it would result in Court Action and a fine.  In extreme cases the Council would carry out the works and recharge the expense of this to the owner.

What is a high hedge?

Anyone who lives near a hedge will likely have an opinion on whether it is too high or too low.  But under the terms of the high hedges legislation, in order to qualify as 'high hedge' the hedge must be:

*  2 or more evergreen trees.  This can include privet which only loses its leaves in the coldest of winters in this area.  But does not include beech or hornbeam.  If there are gaps in the hedge it can still be considered but the gaps will increase the amount of light able to penetrate the hedge and so it will not be as strong a case.

*  The hedge must affect a residential property.  (A business could not make a high hedge complaint, though a high hedge could be growing on land owned by a business and could be affecting a residential property.)

Did you know?

A council cannot...

*  Require a high hedge to be reduced to under 2m in height

*  Specify works which will cause the death of the high hedge

*  Require the high hedge to be grubbed out

*  Consider the affect of the roots of the high hedge on the property

*  Consider the affect of a high hedge on a conservatory

*  Consider the affect of a high hedge on a green house, shed or outbuilding

So you need some more information?

There are some very good leaflets issued by Communities & Local Govt (www.communities.gov.uk)

Over the garden hedge                                         High hedges: complaining to the Council

Should either the complainant or the hedge grower be dissatisfied with the outcome of the Council’s decision there is a right of appeal.