High Hedges (Planning)

High Hedges - Time to Act.

 

Stockton Borough Council is often asked questions about High Hedges, Nuisance Hedges of Leylandii Hedges that are causing problems for members of the public. Please remember, however, that hedges have formed the framework to the local landscape since at least medieval times and that hedges also provide homes for nesting birds, insects and many of our most beautiful wildflowers not to mention small mammals, reptiles and amphibians. Species rich native hedges are an asset in our landscape and should be encouraged, problem hedges should not

If you have fast growing conifers in your garden now is a good time to consider replacing them with a more acceptable alternative. New laws are being introduced from 1st June 2005  which will outlaw the anti social aspects of planting evergreen trees that create high hedges on or near your boundary. 

Growing Leylandii and similar types of evergreen tree in close proximity to one another and trimming back to encourage dense growth, whilst allowing the height to remain unchecked can create real problems. The uncontrolled growth often prevents neighbours from receiving proper access to sunlight which can create severe problems for the proper enjoyment of the neighbour's home or garden.

The new legislation could require the cutting back of offending hedges not only initially but on an annual basis. Most residents should know if sections of their hedging are causing problems to neighbours. To avoid the unpleasantness which surrounds formal action it is far better for residents to act now.  In order to avoid these time consuming disputes it is recommended that residents remove such hedges, consider reducing them to no more than 2 metres high, or replace it with beech or hornbeam hedges. Local garden centres will be aware of the bad press that is often given to fast growing conifers, and other evergreens such as laurel and privet. If you contact them, when considering replacements, they might be able to suggest more suitable alternatives for replanting.

High Hedges Legislation.

Provision has been made in the Anti-social Behaviour Bill to create a new procedure for dealing with complaints about high hedges in England and Wales. The legislation will come into effect on 1st June 2005.

It is obviously best if these disputes can be settled amicably. But where negotiation fails, local authorities will be able to review the case, acting as an independent and impartial third party.

If they think it is justified the authority will be able to order the owner to reduce the height of their hedge. But there is no general requirement that all hedges should be kept below a certain height.

What complaints can be considered.


Complaining to the local planning authority should always be a last resort. People should have tried to solve their hedge problems by negotiation with their neighbours before approaching the authority, otherwise your complaint could be rejected.


Our advice is to make every attempt to resolve the problem now, before the need for exhaustive and expensive formal legal procedures.
Even though a dispute may have been going on for many years, new evidence of a serious attempt at amicable resolution will be required to validate any formal complaint application. Either speak civilly to your neighbour or write a polite letter pointing out the advantages of resolution now.


Even if you can't agree wholly on an appropriate solution, you might agree to take the matter to independent mediation.
www.unite-mediation.org for further information on mediation services.
The service helps people of different ages and cultures. Click here to find out how mediation help resolve disputes. 


If someone could not settle their hedge dispute amicably, they would be able to take their complaint to Stockton Borough Council provided that:

• The hedge in question comprised wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs;
• The hedge is over 2 metres high
• The hedge acted, to some degree, as a barrier to light or access and because of its height, it was adversely affecting the complainant's reasonable enjoyment of their domestic property (that is their home or garden).
  
  NOTE:
  
  Hedges causing subsidence, roots taking moisture from the soil and affecting other plants and blocking of drains are excluded from this legislation and will not be pertinent to the Council's deliberations.
  
   

Weblinks to useful sites:

• ODPM website: how to calculate light loss from hedges

Part 8 of the Anti-social Behaviour Act 2003
States the law governing complaints about high hedges. This is supplemented by the Appeals Regulations.

Arboricultural Advisory Information Service
Impartial advice on anything to do with trees, hedges and shrubs. This is available via their Tree Helpline, a Premium Rate telephone service.

Arboricultural Association
A list of registered consultants and approved contractors to advise on and carry out work on trees and hedges.

Mediation UK
To find your nearest community mediation service.

Royal Horticultural Society
General advice on planting and looking after hedges.

Community Legal Service
Helps people to find the right legal advice