Stockton-on-Tees Borough Council

High Hedges Frequently Asked Questions

Who can you contact to complain about a high hedge? 

The owner or occupier of a domestic property can complain to Stockton Council if the hedge lies within its area.

Within Stockton Borough high hedge complaints will be handled by the Council's Planning Department.

What can they complain about?

That their reasonable enjoyment of that property is being adversely affected by the height of a high hedge situated on land owned or occupied by another person.

What is the definition of a high hedge?

It is defined as "so much of a barrier to light or access as
(a) is formed wholly or predominantly by a line of two or more evergreens; and
(b) rises to a height of more than two metres above ground level"

Can I complain if the hedge is less than 2 metres tall?

No.

What if there are gaps between the evergreens?

The act says that a line of evergreens is not to be regarded as forming a barrier to light or access if the existence of gaps significantly affects its overall effect as such a barrier at heights of more than two metres above ground level.

What is the definition of evergreen?

An evergreen means an evergreen tree or shrub or a semi-evergreen tree or shrub.

Does "high hedge" include the roots?

No. Roots are expressly excluded from this legislation, but civil court action for potential structural damage by roots is clearly provided for by the House of Lords decision of Delaware Mansions v. Westminster Council, 2001.

Does it cost anything to make a complaint to Stockton on Tees Borough Council?

Yes.  The fee for a high hedges complaint is £350.

Members of the Planning Committee agreed that from 08/12/10 that there would be no exemptions from the payment of the fee.

Is the Local Authority obliged to accept a complaint?

No. The Council may decline to accept the complaint if it considers that the complainant has not taken all reasonable steps to resolve the matters complained of before contacting their Local Authority, or that the complaint is frivolous or vexatious. This provision is designed to prevent malicious and unfounded complaints, and also to ensure that a hedge-victim has at least tried to reach agreement with the hedge-owner as to a reasonable height. Victims should have kept a record of dates when verbal or written requests have been made to the hedge-owner, and the responses to them, or absence of response. The key message here is that the neighbour needs to have tried to discuss and resolve the matter with the owner of the hedge verbally and in writing before coming to Stockton Borough Council. SBC are a remedy of last resort, not a first point of contact. SBC would expect recent (i.e. within the last 2 months) attempts at a local settlement and will not entertain any application unless this requirement is satisfied.

If the Council accepts the complaint as valid, what happens next?

The Council will then investigate the complaint, and decide whether or not it is justified, i.e. whether the height of the high hedge specified in the complaint actually is adversely affecting the complainant's reasonable enjoyment of their domestic property. Whether the decision is positive or negative, the Council is obliged to notify the decision to the complainant(s) and to the hedge-owner, and explain the reasons for it.

Will the Local Authority investigating officer just make a personal assessment of the situation, or will he follow specific guidelines?

National guidance notes and advice approved by the Office of the Deputy Prime Minister (ODPM) has been issued to all Local Authorities, in an attempt to ensure a standardised assessment of whether a hedge is "too high".

If it is decided that the hedge is too high, what happens next?

The Council will then advise the hedge owner what is required and if necessary issue a "remedial notice", specifying, initial action to be taken by him; any preventative action to be taken and the penalties for failing to comply with the notice. The initial action is the action to be taken by him to reduce all or part of the hedge to the height calculated to be reasonable. The preventative action is the action deemed necessary to maintain the hedge at or below the height calculated to be reasonable. This notice is valid as a "local land charge" on the deeds of the property, even if the property changes ownership.

Can it be ordered for the hedge to be removed altogether?

No. Nor can it be ordered for the hedge to be reduced in height below two metres.

How long has the hedge-owner got to carry out the necessary work?

There are no official deadlines for dealing with a high hedge complaint. However, if a remedial notice is required it will be stamped with its issue date. The notice will cite an operative date. This is a date at least 28 days after the issue date, and is the date on which the notice takes effect. The notice will also cite a compliance period, which is the time considered sufficient for the work to be carried out (taking into account the relevant season for pruning).

Can the notice be withdrawn by the Local Authority?

Yes. The Council issuing the notice may withdraw it, or waive a requirement of the notice at any time, but must notify the complainant that it is doing so.

Is there an appeals procedure?

Yes. The hedge owner or the complainant may appeal against the decision of the Council, if they are unhappy with it. All appeals will be conducted in writing and will be administrated by the Planning Inspectorate (PINS) based in Bristol.

What happens if the hedge-owner refuses to co-operate with the Local Authority investigation?

The Council is given legal power of entry into a property in order to investigate a high hedge complaint, and to carry out works which the hedge-owner has failed to do. The cost of such works is recoverable at law from the hedge-owner.

What offences may be committed by a hedge-owner?

The Act creates an offence of failing to comply with a remedial notice. On conviction for such an offence at a Magistrates Court, the offender may be fined up to £1000 (at present rates). The court may also order the offender to carry out the works originally directed, and if he still fails to comply, without reasonable excuse, he may be fined at a rate of £50 per day that the work remains uncompleted. It is also an offence to obstruct an officer of the Council exercising a power under this Act, and that too is punishable by a fine of up to £1000.

What action can the Local Authority take if the hedge-owner refuses to comply with a notice to cut the hedge?

The Council may simply send in workmen to carry out the work, and then charge the hedge-owner for the full costs. The costs are recoverable as a local land charge on the property, so would be binding on successive purchasers of the property.

If the hedge-owner is a company, not an individual, does the Law still apply in the same way?

Yes. A "body corporate" can be prosecuted in the same way as an individual, and so can individual officers of that body corporate.

Is it possible that the scope of complaints against high hedges, and the definition of a high hedge, may be amended in future?

Yes. Built-in to the Act is the power for the Secretary of State to make regulations amending those provisions of the Act, i.e. without having to go back to Parliament for authority to do so.

Can I cut branches overhanging my boundary?

Yes. As long as you ensure that you know where your actual boundary is. Fences, hedges and ditches often mark the legal boundary between properties but such boundaries do not always follow an obvious line on the ground. In cases where you are in dispute with your neighbour you would be wise to take legal advice before cutting any vegetation. It is also good practice to discuss any proposed works with your neighbour before you carry them out. Only branches overhanging your boundary can be cut and they must be cut in a way that will not compromise the health of the trees or shrubs. If the trees you intend to trim are protected by a 'Tree Preservation Order' or a 'Planning Condition' or if it is in a 'Conservation Area' you will need to get the Council's permission for the works. 

If I cut back branches overhanging my boundary can I put the arising back over my neighbour's fence?

You must offer the cuttings or arisings to your neighbour although they are not obliged to take them or remove them or pay for their removal. Be aware that any works to trees protected by a 'Tree Preservation Order' or by a 'Planning Condition' will require permission in writing from the Borough Council. Works to trees in a 'Conservation Area' will also require our permission.

Can I expect or force my neighbour to pay for the removal of overhanging branches?

No. The responsibility for funding the cost of removal will be yours. On the bright side it will probably be cheaper than expensive litigation. However, strict liability for the safe retention of trees is the responsibility of the owner of the trees. Be aware that any works to trees protected by a 'Tree Preservation Order' or by a 'Planning Condition' will require permission in writing from the Borough Council. Works to trees in a 'Conservation Area' will also require our permission. Please call 01642 526064 to find out if the trees you are concerned with are protected.

What about agricultural hedges? May I remove a hedge in my field?

No, not without first submitting a 'Hedgerow Removal Notice' to the Borough Council. The Council will then have 42 days after the receipt of a properly constituted hedgerow notice to consider the application and make recommendations. Such hedges are covered by the Hedgerow Regulations 1997.

Where can I get more information on High Hedges?

The Office of the Deputy Prime Minister
Web site: http://www.communities.gov.uk or telephone: (0870) 122 6236, 

Hedgeline (The Campaign for the Effective Legislative Control of Problem Hedges of all Species in Residential Areas of the UK)
Web site: www.hedgeline.org or telephone: (0870) 24 00 627

Who can I contact to discuss a high hedge complaint in Stockton Borough?

Please contact the Planning Enforcement team to discuss complaints about high hedges within the Stockton Borough.