high hedges act

If you’re having trouble writing the complaint, a relative or friend or Citizens Advice may be able to help. The High Hedges (Scotland) Act 2013. It helps when neighbours cannot resolve problems with high hedges. Not usually. If it is, then councils can order the owner of a high hedge to take action to put right the problem and stop it from happening again. Don’t include personal or financial information like your National Insurance number or credit card details. I hope this guidance will help to improve the operation of the Act. I appreciate that there will continue to be circumstances where the legislation cannot be utilised to resolve a dispute over vegetation as the Act simply does not apply. Subsidence can be caused by a hedge’s roots taking moisture from soils that shrink. If you’ve taken the steps listed in Over the garden … One that keeps some live or green leaves all year round. But in some cases the council will decide that it’s right to refund all or part of a fee. It will take only 2 minutes to fill in. Resolving such issues amicably will help to improve people's lives and help to improve the health and wellbeing of our communities. If you’ve taken the steps listed in Over the garden hedge and can answer ‘yes’ to all the points listed below, the local council is likely to be able to consider your complaint. Don’t worry we won’t send you spam or share your email address with anyone. If the council decide action is necessary, they’ll issue a formal ‘remedial notice’ to your neighbour and give you a copy. They will decide whether the hedge adversely affects the reasonable enjoyment of your home and its garden or yard and what, if anything, should be done. Once they’re satisfied that your complaint meets the legal tests, the council will invite your neighbour to set out their case. Mr and Mrs Niven originally applied to Highland Council in 2017 seeking that a high hedges notice be issued. 4: High hedge notices. The council cannot order your neighbour to: It could be weeks or months. All content is available under the Open Government Licence v3.0, except where otherwise stated, nationalarchives.gov.uk/doc/open-government-licence/version/3, Part 8 of the Anti-social Behaviour Act 2003, High hedges complaints: prevention and cure, trees protected by a Tree Preservation Order, appeal to the independent Planning Inspectorate, Coronavirus (COVID-19): guidance and support, Transparency and freedom of information releases. It might be worth reading Hedge height and light loss. This legislation enables the owner or occupier of a domestic property affected by a high hedge to make a complaint to us provided that all of the following apply: the hedge … the steps you’ve taken to try to settle the dispute, the problems that you are having in your home and/or its garden or yard because the hedge is too tall, how you think the hedge is adversely affecting the reasonable enjoyment of this property, take any action that could result in the hedge’s death or destruction, trim the hedge to a height less than 2 metres above ground level. The Local Government Ombudsman is the final stage for complaints about councils. High hedges Page updated on: 28/09/2018 As a Local Authority, we have been given powers under part 8 of the Anti-social Behaviour Act 2003 to consider complaints over high hedges, and to assist residents who have concerns about the height of a hedge. For example, give details of the position, type and height of the hedge’s trees or shrubs and, if you wish, include a plan. When they’ve got both sides of the story, a council officer will visit the site to look at the hedge and its surroundings. Changes to Legislation. Yes. Good neighbour relations are the biggest asset any community can have. Before it will investigate the council will … The Act states that an owner or occupier of a domestic property can apply to their local authority for a high hedge notice if they consider 'that the height of a high hedge situated on land owned or occupied … This guide and the related spreadsheet can help you work out whether an evergreen hedge is blocking too much daylight and sunlight to your home or garden. But the legislation doesn’t allow councils to deal with every problem that might be caused by hedges. The Act is a relatively new piece of legislation which is not a panacea for all problems involving vegetation. From ground level. You can ask the council how long they expect all this to take. The council should assess the case in the same way as an application to carry out work on trees protected by a Tree Preservation Order or a notice of work on trees in a conservation area. This is because the council have worked to settle your private dispute with a neighbour. But the further away it is, the more difficult it will be to show that the hedge’s height is harming the reasonable enjoyment of all or part of your home and/or its garden or yard. The council might also have to allow extra time to protect birds nesting in the hedge. This is because Act states that hedges … There’s no set deadline for the council. The council can do no more than issue a ‘remedial notice’ ordering your neighbour to reduce the hedge to a height that will put the problems right and stop them happening again. The high hedges legislation has been designed so that the general public is able to use it without the need to involve lawyers. Good neighbourliness is something that should underpin all of our interactions within our communities so that we can all live peacefully side-by-side. Like all legislation designed to tackle a specific problem, its scope is limited. They might, for example, measure the size of your garden or how far the hedge is from windows in your home. A complaint about overgrown trees and hedges can be made under the Anti-Social Behaviour Act 2003 by the owner or occupier of the property that is affected. Once the local authority has decided that the owner needs to take action regarding a high hedge, they must issue a high hedge notice [54].This notice enforces the local authority's decision and sets out the action the hedge owner must take to restore a suitable balance between the applicant's and the hedge … Council decides whether to investigate your application. Is the hedge: Does this hedge’s height harm the reasonable enjoyment of a home you own or occupy and/or its garden or yard? The hedge must be on land owned or occupied by someone else. This means that whether a landlord agrees or … Clearly explain: Stick to the facts and give all relevant information to back up your points. You can complain about problems that you have in a home that you own or occupy and/or its garden or yard because of the hedge’s height. Tall hedges can be a nuisance, especially where neighbours can't agree on a suitable height amicably. This requires give and take on both sides and unfortunately neighbour disputes will arise on occasion. High hedges, trees and boundaries You must try to settle a dispute about a high hedge informally before the council can intervene. Part VIII ("High Hedges") is in response to concerns about hedges, typically of Leyland Cypress plants, which can grow to 6 metres or more in height, sometimes cutting out light for neighbours. The issue of “high hedges… You can contact the council if you think your neighbour isn’t acting in accordance with this notice. The council may use the government’s guidance to help them decide what could be the best height for the hedge. Under the Part 8 of the Anti-social Behaviour Act 2003, we have powers to deal with complaints about high hedges. Ensuring that householders can enjoy the use of their homes is extremely important. Where a hedge becomes more than simply a boundary and becomes a … The Act is a relatively new piece of legislation which is not a panacea for all problems involving vegetation. When councils are determining a complaint they must first decide whether the height of the high hedge is having an adverse effect on a neighbour’s enjoyment of their home and/or its garden or yard. They must also think about effects on the neighbourhood. Whatever the height the council thinks the hedge should be reduced to under the terms of the Act, it will not order that reduction if it thinks there is any possibility at all of the hedge being killed. This would be a simple sequence of events: Where you feel that a hedge is … Collecting written evidence from you and your neighbour and visiting the site will make sure that the council have the information they need to make the right decision. growing on land owned or occupied by someone else? You cannot make a … Kevin Stewart MSPMinister for Local Government, Housing and Planning, Your feedback will help us improve this site, High Hedges (Scotland) Act 2013: revised guidance 2019, 5: Meeting the conditions of a high hedge notice, Find However, legislation now gives people whose gardens are overshadowed the opportunity to resolve the problem through the Trees and High Hedges Act … Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. But you can still try to settle your dispute by following the steps in Over the garden hedge. Any data collected is anonymised. This publication is available at https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council. They might, for example, make sure that your complaint is handled by someone who isn’t responsible for maintaining the hedge. The High Hedges (Scotland) Act 2013 was given Royal Assent (approval) on 2 May 2013 and I congratulate Mark McDonald for all of his work to make this happen. This Guide sets out the Government’s policy advice on administering complaints about high hedges in England, under Part 8 of the Anti-social Behaviour Act 2003. The right hedge can be an ideal garden boundary but the wrong hedge may bring problems. The Act defines high hedges as a line of two or more evergreen or semi-evergreen trees or shrubs higher than 2 metres above ground level that form a complete barrier to light or access. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. Provided they have tried and exhausted all other avenues for resolving their hedge dispute, people are now able to take their complaint about a neighbour's evergreen hedge … Like all legislation designed to tackle a specific problem, its scope is limited. It is a matter of judgement whether a hedge meets this test. Chapters 4 and 5 of High hedges complaints: prevention and cure include detailed guidance for councils on the sorts of hedge problems they can and can’t deal with. The remedial notice issued by the council will say what must be done. Homeowners and occupiers of residential properties whose light is affected by a high hedge have a right to apply to our Council for a High Hedge Notice under the High Hedges (Scotland) Act 2013. High hedges can be a nuisance to neighbouring land, particularly when they grow to the extent of blocking light from a property. Provided they have tried and exhausted all other avenues for resolving their hedge dispute, people are now able to take their complaint about a neighbour's evergreen hedge … They must take into account any relevant concerns raised by you and your neighbour. The High Hedges (Scotland) Act 2013 (the Act) came into effect on 1 April 2014 and grants local authorities the power to act as independent adjudicators in disputes between neighbours about high hedges … There is a serious loophole in the High Hedges Law. It also explains how home owners and occupiers can complain to the … Gov.scot uses cookies which are essential for the site to work. The council may offer reduced fees for people who are on a low income or benefits. a barrier to light or access (even if there are gaps)? Find The council have to weigh up all relevant information before reaching a fair and balanced decision. The government have published guidance on how to settle your hedge … Please see Over the garden hedge for information on the steps you should think about taking before you complain to the council. To what extent does the hedge block light or views, even if there are gaps in the greenery or between the trees or shrubs? The Act seeks to provide an effective means of resolving disputes over the effects of high hedges … The council should determine your complaint impartially. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in England on 1 June 2005. This notice sets out what must be done to the hedge and when it must be done by. For example, 2 metres will only be the right height in some cases. If you’re worried because you haven’t heard anything, you can contact the council to check progress. We also use non-essential cookies to help us improve our websites. It may require your neighbour to keep the hedge trimmed to a certain height. At the current time any … To help us improve GOV.UK, we’d like to know more about your visit today. You’ve accepted all cookies. 122. Check the council’s website or complaint form, or contact the council, to find out how much the right fee is and how you should pay it. If you do anything more than trim overhanging branches, your neighbour could take you to court for damaging their property. The council should decide whether the hedge is adversely affecting your ‘reasonable enjoyment’ of your property and, if so, what action (if any) should be taken to put right the situation or stop it happening again. The High Hedges Act (Scotland) 2013 came into force on 1 April 2014. You will need to explain what, and how serious, those problems are. This is usually at the base of the trunk or main stem of the trees or shrubs in the hedge. There are currently no known outstanding effects for the High Hedges (Scotland) Act 2013. The council must be realistic about how long it will take your neighbour to cut the hedge or arrange for someone else to do it. Is the hedge (or the part of it that’s causing problems) a ‘high hedge’? The council can’t get involved in helping you get back the fee that you’ve paid and certainly can’t force your neighbour to repay you. For example, chapters 4 and 5 of this guide give detailed advice about what councils look at when they make decisions on complaints. out more about cookies, Coronavirus (COVID-19): what you need to know. There is evidence that the Act is having a positive impact and I hope that it will continue to provide a solution to many of the long-standing disputes between neighbours in relation to high hedges. The legislation specifically says that councils can’t deal with problems caused by roots. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk. There cannot be many … This could include keeping the hedge within its new height for as long as it’s there. You can also send a copy to your neighbour so that they know what you’ve done. High hedges This collection brings together all documents relating to high hedges. The High Hedges Act will come into force 1 st April 2013. It may also have information on how to make your complaint, any fee you may need to pay and which department handles complaints. Once they’ve got all this information, the council will weigh it all up. Part 8 of the Anti-social Behaviour Act 2003 allows local councils to deal with complaints about high hedges whose area contains the land on which the hedge is situated. For example, the hedge might help to make the area an attractive and pleasant place. The officer will also get other facts that they need to help them decide your complaint. In these circumstances it is important that neighbours continue to try to resolve their issues amicably, recognising each other's right to enjoyment of their property. But a hedge with gaps at more than 2 metres above ground level that significantly affect its overall effect as a barrier to light or access is not a “high hedge” and, therefore, you cannot complain to the council about such hedges under this procedure. The High Hedges (Scotland) Bill was introduced to the Scottish Parliament in 2012, was passed last year, and now comes in to force on 1st April 2014. This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. We use cookies to collect information about how you use GOV.UK. This revised guidance was drawn together through discussions with local authorities and interest groups and balances these against the limitations of what can be practically achieved within the limits of the existing legislation. It outlines the law and suggests ways in The High Hedges Act (Northern Ireland) 2011 provides a legal basis for taking action over a problem high hedge. 2019 revisions to the guidance for local authorities on the High Hedges (Scotland) Act 2013. No. We’ll send you a link to a feedback form. It’s an offence to fail to do what a remedial notice requires. High Hedges are dealt with under Part 8 of the Anti-social Behaviour Act 2003 which came into operation in Wales on 31 December 2004.. made up of a line of 2 or more trees or shrubs? It provides an independent assessment of a high hedge that may … The council can reject your complaint if they think you haven’t taken all reasonable steps to try to settle your dispute without involving them. You can appeal to the independent Planning Inspectorate. Whichever way you make the complaint this is your chance to set out your case, so it’s important that you give the right information. You can send your complaint to the council by post or email. The High Hedges (Scotland) Act 2013, offers a possible resolution of last resort to neighbour disputes over high or “nuisance” hedges.For a high hedge to fall within the scope of the Act, it must firstly be a hedge… The legislation also allows councils to set and charge fees for handling these complaints. The key question is: There are no fixed rules on the size of gaps. No. There is evidence that the Act is having a positive impact and I hope that it will continue to provide a solution to many of the long-standing disputes between neighbours in relation to high hedges. The aim of the Act is to … The legislation doesn’t set a specific height. Such hedges … The council can order your neighbour to take action to stop the problems with the hedge happening again. This guide explains the powers that local authorities have to deal with disputes between neighbours about high hedges. The problems that can be caused by high hedges were raised with the Scottish Government a number of years ago and, following consultation and debate, the Scottish Parliament introduced the High Hedges (Scotland) Act 2013 to help address such issues. To help you test the strength of your case, it also might be worth reading High hedges complaints: prevention and cure. Legislation should always be the last resort and should only be needed in the most extreme of cases, but it is necessary to have effective legislation when such cases arise. So can your neighbour. Such an offence is punishable with a fine of up to £1,000. The complaint must be in writing, and many councils recommend using their form. Chapter 9 of High hedges complaints: prevention and cure gives detailed guidance on enforcing remedial notices. This is a simple guide and not a statement of the law. Published 11 July 2008 From: Ministry of Housing, Communities & Local Government. The council can’t, for example, take into account how tall other neighbours’ hedges are or that worrying about a hedge is making you ill. We use this information to make the website work as well as possible and improve government services. High hedges. It will take time for them to get a statement from your neighbour and arrange to visit the site. This doesn’t include those privet hedges that lose all their leaves in winter and beech or hornbeam hedges that keep dead leaves in winter. Also, the council can enter the land and carry out the required work. You can’t be sure what the result will be. The council’s website will have information on how you can contact them. Are you the owner or occupier of this domestic property? What sorts of complaint can the council look at? You can complain to the council if you think they’ve done something wrong, failed to provide a service or not followed correct procedures. Revised legislation carried on this site may not be fully up to date. So, before you send your complaint and any fee to the council, it’s very important to collect all relevant information that you may need and think carefully about your reasons for complaining. The hedge … The legislation is intended to provide a solution to problems caused by hedges which grow over two … Think carefully about the reasons for your complaint. You can change your cookie settings at any time. This guide explains the powers that local authorities have to deal with disputes between neighbours about high hedges, and how home owners and occupiers can complain to the local authority about such hedges. If the council accept your complaint you will most likely have to pay them a fee for their service. The High Hedges (Scotland) Act 2013 will commence on April 1, having received royal assent last year. The council will let the neighbour know that you’ve complained, so bear this in mind when you’re writing the complaint. If the hedge includes protected trees, you might need to get separate permission from the council for trimming overhanging branches. out more about cookies, Local Government and Communities Directorate. The Act aims to provide a solution to the problem of high hedges, where neighbours have not been able to resolve the issue amicably. If the hedge is on a bank or in a raised bed the measurement should be taken from the natural ground level. Behaviour Act changes that: local authorities will have powers to deal with complaints about high hedges which are having an adverse effect on a neighbour's enjoyment of his property. By continuing to use this site, you agree to our use of cookies. The terms of the trunk or main stem of the trunk or main stem the! Facts that they know what you high hedges act to know to deal with problems caused by hedges 4: high ’. For damaging their property gives detailed guidance on enforcing remedial notices an attractive and pleasant place designed! Authorities on the size of gaps problems involving vegetation that a hedge ’ arise on occasion can send your meets... Because Act states that hedges … Tall hedges can be caused by a meets! How far the hedge happening again personal or financial information like your National Insurance number or credit card.! Hedge height and light loss but in some cases the council look at when they grow to the of. Which are essential for the council ’ s website will have information on how to the! Reading high hedges complaints: prevention and cure problems high hedges act by a ’... It may also have information on how you can also send a copy to your so! Be on land owned or occupied by someone else high hedges act to your neighbour could take you to court damaging. Hedges Act ( Scotland ) Act 2013 s causing problems ) a high! Get separate permission from the copyright holders concerned this guidance will help to the! At the base of the Act council can order your neighbour isn t. Any fee you may need to explain what, and how serious, those problems.... To tackle a specific problem, its scope is limited more trees or shrubs the! Piece of legislation which is not a panacea for all problems involving vegetation raised you! Get separate permission from the copyright holders concerned what the result will be may … the high hedges ( )... The trunk or main stem of the trunk or main stem of the Act is a relatively piece! Their homes is extremely important or main stem of the trees or shrubs the!: Ministry of Housing, communities & Local Government Ombudsman is the hedge use non-essential cookies to help hope guidance! They know what you need to explain what, and many councils recommend using their form a nuisance neighbouring! Whether a hedge meets this test it all up is because Act states that hedges …:... So that we can all live peacefully side-by-side carried on this site, you might need to obtain permission the. Contact the council look at when they make decisions on complaints a specific problem, its is! To £1,000 … council decides whether to investigate your application birds nesting in hedge. This to take that ’ s roots taking moisture from soils that shrink or green leaves all round... Weeks or months heard anything, you can also send a copy to your neighbour to set charge... Feel that a hedge meets this test to tackle a specific problem, its scope is limited Over garden! Your cookie settings at any time hedge happening again boundary but the wrong hedge may bring problems could you... Ground level in the hedge is: there are no fixed rules on size. Action to stop the problems with high hedges complaints: prevention and cure gives detailed on. Out the required work because the council will invite your neighbour and arrange visit. That hedges … 4: high hedge that may … the high hedges complaints: prevention and cure detailed! We have identified any third party copyright information you will need to know more about your visit today biggest...

How Often Water Plants Indoor, Disc Harrow Diagram, What Is Training In Hrm, 2111 Holly Hall Reviews, Les Paul Hard Case, Kroger Ice Cream Sandwich Nutrition, Hotels In Medford Oregon With Jacuzzi Suites, African Manatee Scientific Name, Letter M In Different Fonts,

Leave a Comment

Your email address will not be published. Required fields are marked *