Shepway District Council

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High Hedges

Part 8 of the Anti-Social Behaviour Act 2003 gives local councils powers to deal with complaints about high hedges and came into operation in England on 1 June 2005.

If you are experiencing problems with someone else's hedge, then more information can be found on the Department for Communities and Local Government's website by searching under high hedges.  Alternatively, leaflets 'Over the garden hedge' and 'High hedges - complaining to the Council' may be obtained from this office by ringing our administrative team on 01303 853527 or 01303 853278.

Complaining to the council should be the last resort.  You should have attempted to solve the problem by talking to your neighbour, or by some means of formal mediation.  The council will expect evidence of a recent attempt to settle your dispute with your neighbour.  If the council considers that insufficient effort has been made to resolve the complaint amicably or that the complaint is frivolous or vexatious it may reject the complaint. 

A fee will be charged for dealing with high hedges complaints.  Please contact our administration team for details of this.

The council's role is not to mediate or negotiate between the complainant and the hedge owner, but to look at all the relevant factors and decide whether the complainant's reasonable enjoyment of their property has been affected.

If considered justified, the council will issue a formal notice to the hedge owner which will set out what they must do and when by.  The council cannot require the hedge to be removed entirelyor for it to be cut down below 2 metres.

Failure to carry out the works required is an offence which may incur a fine of up to £1,000.

If you have tried to resolve the problem and can answer yes to all the following points, the council should be able to look at your complaint.

  • Is the hedge growing on land owned by someone else?
  • Is the hedge, or the portion of it that is causing the 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 capable of obstructing light or views?

pdf Hedges complaint form(1) and hedge_guidance high hedges guidance notes (55.53 KB)can be downloaded here.

Created : Tue,01 May 2007
Updated : Fri,27 Aug 2010


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