is there a legal height for leylandii hedge

The Act applies to hedges and is not designed to affect woodland and forests. Hedges are generally maintained by regularly trimming the sides and top of the vegetation. The Act gives local authorities the right to charge a fee[22] for dealing with applications for high hedge notices but it does not set a standard fee. Not really the height restrictions apply for disputes between neighbours where Leylandii tree hedges can be shown to deprive adjoinging property of light. For the researching visitor there's a wealth of landscaping ideas, garden design ideas, lawn advice tips and advice about garden maintenance. 31. The Act states[13] 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 by another person adversely affects the enjoyment of the domestic property which an occupant of that property could 'reasonably expect to have' ' (see paragraphs 80-83 for more information). The Wildlife and Countryside Act 1981 controls where non-native plants can be planted and states that no non-native plant may be planted in the wild. The following criteria may assist in determining if trees and shrubs constitute a hedge. 39. Find Some Leylandii hedges have been known to grow up to 30 metres in height and 8-metres wide. In exceptional circumstances, if it is not possible to trace the owner of land, it passes to the Queen's and Lord Treasurer's Remembrancer[12]. When a local authority are considering an application for a high hedge notice, they will need to consider the height of the hedge on the applicant's side to assess the effect on their property. Applicants can contact Registers of Scotland[10] to find out if the land is registered. For anyone keen to achieve privacy in their garden almost immediately, plant a Leylandii Cypress hedge! and in the Collins English Dictionary as: "A row of bushes or small trees, usually along the edge of a garden, field, or road.". 27. Thread starter Delta99; Start date 25 January 2010; 1; 2; Next. out more about cookies, Coronavirus (COVID-19): what you need to know. Ask your council for a complaint form if the hedge is all of these: 2 … 67. In these situations, the local authority should ask about the nature of the problem and explain that the Act states that the person must take all reasonable steps to try to settle the issue themselves before making a formal application to the local authority under the Act. Is it illegal to cut the hedge between me and my neighbour? 15. This guidance does not specify limits for light levels, and local authorities are free to measure light levels using any methods they consider reasonable and suitable for their needs. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. For a plant or tree to qualify as a “high hedge”, three tests must be satisfied:a) An exception might be where the hedge has been planted on a mound, or in a flower bed or other container that is raised above the ground, in which case the height should be measured starting from original ground level taking into account the additional height of hedge due to any raised planting position. 49. 23. It is important to remember that although mediation can be an effective way to settle disputes, cases can still be considered without it. Any data collected is anonymised. Due to the natural growth habit and dense foliage of these trees, a hedge may be formed without current or previous management practices. However, the method set out in these 2004 guidelines was designed to apply only to evergreen hedges adjacent to the boundary, whereas the High Hedges (Scotland) Act 2013 covers all types of hedges, including those at a distance from the boundary, and so that method cannot be applied in all cases. This means that a hedge on 'neighbouring land' could be several gardens down the road or across the street, as long as the applicant can show that it has a negative effect on their enjoyment of their house. This includes whether there are any protected birds, animals or plants in the hedge and how they would be affected by any work; legislation which protects wildlife; and whether any work should be carried out, or avoided, at a particular time of year (for example, if birds are nesting in the hedge, hedge cutting should be avoided during the nesting season). Instead, it allows local authorities to set different fees to take account of different circumstances and to refund fees when appropriate. They should keep records of all attempts to settle the issue, for example, a diary of conversations held or a series of receipts for postage, and should include these with their application. Top. 59. 34. Leylandii trees should be grown no taller than 2m in height. When the local authority receive the application, after confirming that it is eligible, they should send a copy of the application to every owner and occupier of the property the hedge is on, regardless of which local authority area the owner or occupier lives in. The local authority should tell people about any guidance they have produced, and may also refer them to this guidance[9]. If you’ve taken the steps listed in Over the garden … Another option for settling high hedge disputes without involving the local authority is mediation. Parliament has approved a code of practice[19] for non-native species to further explain this subject, and you can also find exceptions approved by Parliament on the Scottish Government webpages[20]. Local authorities cannot accept applications relating to hedges less than 2 metres high. This means that local authorities are able to investigate and decide applications relating to high hedges on land owned by the Crown (for example, a hedge on land owned by some government departments). 0 . It is the effect the hedge has on a domestic property that is important, rather than where the hedge is located, for example, an application could relate to a hedge situated on commercial land that affects residential property. D. Delta99 Well-Known Member. 1 of 2 Go to page. The Act does not make it illegal to grow leylandii and other fast-growing plants. We often link to other websites, but we can't be responsible for their content. 30. 46. We recommend that local authorities publish a list of their fees so it is clear how much applications cost. Other Reclaiming: Mortgage Fees, Council Tax etc, Pensions, Annuities & Retirement Planning, Report Holiday Deals, Bargains & Special Offers, Martin's Blogs & Appearances & MoneySavingExpert in the News. The Act states that the hedge must be on land that is owned by someone other than the applicant. The steps people should have taken before applying to the local authority will depend on the circumstances of the case. In order to form a hedge individual plants are more commonly spaced at 30-60 cm apart. a hawthorn, or privet) planted closely to form a boundary between pieces of land or at the sides of a road", "A line of bushes or small trees planted very close together, especially along the edge of a garden, field, or road". 47. Companies House[11] may be able to provide information on land owned by a business. 19. These guidelines were created to help local authorities in England and Wales make decisions under the Anti-Social Behaviour Act 2003. People may contact their local authority informally to discuss a possible application. An applicant can only apply for a high hedge notice if domestic property is negatively affected by a high hedge[15]. For trees or shrubs to be considered as a high hedge, they must first be a hedge. A tree or shrub that has several stems, all growing from the same trunk or root plate, is a single tree or shrub and so is not covered by the Act. Mr and Mrs Cleaver refused to comment. There are no other restrictions on where the hedge must be located. An application for a high hedge notice can only be made under the Act for a hedge which is a high hedge. The local authority should explain, briefly, why they have reached that view. Unfortunately, hedges are such a point of contention for many neighbours and we have seen arguments that last for years over one person’s opinion about the height, width and even darkness of the vegetation. It is not necessary for the whole of a hedge to fall within the definition. Only once trees and shrubs are identified as forming a hedge can consideration be given to whether they form a high hedge. The applicant may withdraw their application at any time before the local authority make their decision on a high hedge notice. the applicant has paid the appropriate fee. As with all these things depends on the particularity of the case - and attitude of local authority highways people. 48. It is not normally expected that trees planted between properties would be classified as either woodland or forests. Even though there might be gaps in the foliage or between the trees or shrubs, the local authority must consider whether the hedge is, overall, a barrier to light. Even neglected hedges are likely to show some signs of past maintenance. 43. The new laws follow years of promises from ministers in the wake of a Daily Mail campaign on leylandii, which can grow 3ft a year and up to 100ft high. What should people do before applying for a high hedge notice? 61. 25 January 2010 #1. 54. forming a barrier to light (unless gaps in the hedge significantly reduce its overall effect as a barrier to light at heights of more than 2 metres above ground level). The spacing of trees and shrubs consistent with hedge planting, The past and current management of trees and shrubs. Although the law states that a high hedge is more than 2m (approx 6½ft) tall, this is not necessarily the height to which a hedge is reduced. The Act states that any fees local authorities charge for an application for a high hedge notice should aim to cover the reasonable costs of considering the application[23]. Applicants should not have to provide a precise measurement of a hedge in order to make an application about a high hedge. While the above definitions provide guidance on what would be considered a hedge, it is expected that hedges which meet the definition of a high hedge in the Act are likely to be made up of trees considerably larger in stature than the 'small trees' referred to. That being said, if a hedge is below that height and still being a nuisance to neighbours, they are within their rights to report to the council who will ultimately decide the acceptable height. Local authority responsibility for dealing with applications. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. You will have realised this, if you have been fighting a losing battle to keep a Leylandii hedge to a height that will still allow sunlight to enter your property. This is a way of settling differences by working with everyone involved in the dispute. 2.30 p.m. mid September and my garden is 90% shade! 56. As part of the application, the applicant should normally provide a map showing all the main features such as the location of the high hedge, the boundaries of gardens and the location of buildings. This could happen if the hedge is causing adverse effects other than loss of light. 18. The Act also applies to Crown land[17]. By continuing to use this site, you agree to our use of cookies. They have a lot of leyandii along their fence. Hedgeline estimates that there are 10,000 ongoing disputes between neighbours over the height of hedges, mostly leylandii. There is no provision within the act for the other party to reclaim costs but there is nothing to stop them bringing a private action which may or may not succeed. Always remember anyone can post on the MSE forums, so it can be very different from our opinion. The spacing between leylandii, or other fast growing coniferous trees, may be greater; up to 1.2 metres apart, depending on the stock size at planting. In some cases, it may be possible to tell from photographs, or other evidence, whether a hedge forms a barrier to light. Normally, any measurements should be taken from the ground at the base of the trunks or stems of the trees or shrubs in the hedge. Pollarding and crown reduction are recognised techniques for managing trees and often result in a substantial reduction in the crown of the tree. Any orders placed after this deadline will only be delivered between 15th January – 7th February 2021. 65. 38. Local authorities should also consider concessionary rates in situations where several applicants apply for a notice relating to a single hedge or where a single applicant applies for more than one high hedge notice at the same time because more than one hedge is affecting their property. As such a row of well-spaced, pollarded trees or trees that have had a crown reduction undertaken are unlikely to be considered as a hedge. It could extend over several properties, and it does not have to be growing in a garden. Examples of circumstances that may be taken into account include applicants who are low earners, registered disabled persons and pensioners. 20. The legislation is not intended to generate an income for local authorities. These criteria are not tests and should be viewed as things that may be useful for local authorities to consider to help make a decision but it is not expected that every hedge would meet these criteria; 50. In order to ensure delivery in time for Christmas orders MUST be placed by 12 pm 9th December 2020. Twitter Icon The Wildlife and Countryside Act 1981 controls where non-native plants can be planted and states that no non-native plant may be planted in the wild. For example, officers of a local authority who would be involved in assessing a future application should be cautious about approaching a hedge owner on behalf of an affected neighbour as this is likely to be seen to be acting on behalf of the neighbour. Local authorities should consider whether there has been any change in circumstances before dismissing an application on the grounds that it is frivolous or vexatious. Next Last. In some circumstances, a detailed written description of the situation may be enough. Deciding whether an application is eligible. Trees and shrubs planted at significantly wider spacings than those outlined above are unlikely to fall under the scope of the act. A local authority is to be able to provide - and be seen to provide - an impartial assessment of an application for a High Hedge Notice. It is possible to make an application that shows the applicant has made an effort to solve the high hedge issue amicably without using mediation. Where a wider hedge is required, the plants may be planted up to 90 cm apart in two staggered rows. However there may be other reasons why a local authority may require a hedge to be cut lower, in some case substantially lower, than this height. I was asking that question a month or so ago, as my house is bordered by a Leylandii - although it isn't a hedge. Usually the first step for an applicant to take is to discuss the issue with their neighbour to try to settle the problem amicably. In these circumstances, the matter may be straightforward as the hedge is evidently capable of blocking light. leylandii), these criteria may not apply. If the requirements of a high hedge set out in paragraphs (a) to (c) of subsection (1) are not met then the local authority should inform the person submitting the 'application' that it does not meet the requirements of the Act and so cannot be considered as an application under the Act. The applicant can then make a formal application for a high hedge notice to be served if their reasonable attempts fail to deal with the problem. Whether the local authority considers an application to be frivolous or vexatious will depend on the particular circumstances of that application. However, the local authority shall visit the property to see the hedge before making a decision. If the person who owns the hedge refuses to take part in mediation, this could be used as evidence that the applicant has made a reasonable attempt to settle the matter, although the local authority should consider the cost and availability of mediation when deciding whether this is a truly reasonable attempt. 24. 62. being formed wholly or mainly by a row of two or more trees or shrubs; rising to a height of more than 2 metres above ground level; and. It should be enough for them to estimate the height of the hedge when working out whether the hedge is covered by the Act. But there is no general requirement that all hedges should be kept below a certain height. Thinking about planting leylandii along my fence line to screen out undesirable neighbours. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. 58. Section 1 of the Act defines a 'high hedge'[18] as a hedge: 42. Its slightly shaggy fronds of bright evergreen foliage have a softness not found amongst most conifers. However, if both sides are satisfied with the hedge’s height it can be kept at over 2 metres. 12ft above that. There is currently no legislation covering high hedges in either Northern Ireland or Scotland. 55. A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. Now, I have called it a hedge but maybe I should have called it a line of trees, because your Leylandii is in fact a tree not a hedging shrub. I do not consider they are adequately maintained. This applies even though the tree or shrub may grow to be large and cover a considerable area. Local authorities must publish information about circumstances under which they will refund fees[24]. If your hedge reaches an action height you will be required to reduce it to the action height. Add to basket . If you let it grow too tall, then it becomes more difficult to trim and you need specialist equipment or a tree surgeon to bring it back to a reasonable size. Leylandii - is it poisonous and legal issues, please. In the UK, there are no laws as to how high a leylandii hedge can be grown; however, a town council can take action if someone’s hedge is affecting someone else’s reasonable enjoyment of his or her own property. It could, for example, be on parkland that backs onto a garden or yard, or on business premises. There is guidance on this in chapter 3 ('Deciding whether a high hedge notice should be issued'). The local authority must decide whether a particular hedge meets this condition by considering the trees or shrubs that make up the hedge, including its shape, its growth habit, and, most importantly, what it looks like above 2 metres. A definition of 'reasonable steps' to try to settle the matter without referring the case to the local authority would be two formal approaches to the neighbour within a six-month period before applying for a high hedge notice. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. 17. If you keep a Leylandii hedge to a reasonable height, it is easier to keep at that height. Applications where it is not clear who owns the land. 66. However, if left un-pruned it can get out of hand and pruning taller hedges can be difficult and expensive. Discussion and negotiation between the people involved in the dispute can continue while the local authority are considering a formal application. The local authority will decide whether the evidence they provide proves that they have made reasonable efforts to settle the dispute. The spacing between individual trees and shrubs can assist in identifying if the trees and shrubs form a hedge. Go. If the trees are not considered to form a hedge the Act cannot be applied. In many parts of the country, the Scottish Mediation Network[7] provides low-cost access to mediation services. When a local authority receive a formal application for a high hedge notice, they should make sure that the applicant has filled in all parts of the application form and paid the appropriate fee (if any). If part of the Leylandii hedge grows over the boundary (foliage or roots), owners of th… Applicants must send the appropriate fee with their application for a high hedge notice. There is a 6ft stone wall at the bottom of my garden and the hedge of trees is approx. 29. Two or more trees or shrubs in a hedge do not have to form a precisely straight line to qualify as a high hedge. An example might be where someone repeatedly applies (unsuccessfully) to the local authority for a high hedge notice without any significant change in circumstances that would affect the local authority's decision. If the hedge is somewhere within the buffer zone or growing margin, it may cause significant loss of light as it grows. Now they are great examples of thick, dense Leylandii hedges which provide shelter for our polytunnels and screen us from our neighbour. A high hedge is determined as being a line of two or more evergreen (or semi-evergreen) trees or shrubs. The trees or shrubs in the hedge may have been closely planted and become so entangled that they appear as a solid green wall. Regular clipping of the mid-green, spray like citrus-scented foliage during midsummer and autumn, can turn Cupressocyparis leylandii into a magnificent, dense, formal garden hedge that is perfect for windbreak and noise reduction. Before your plant gets uncontrollable, there are a number of things you can do to stop Leylandii growing or at least reduce the height of your Leylandii hedge. 2019 revisions to the guidance for local authorities on the High Hedges (Scotland) Act 2013. 41. 45. Posted by alisdair mcgregor on May 2, 2019 at 12:55pm Hi all, I'm just starting out in the gardening business and have been asked to reduce a leylandii by a foot or so. The trees were not there when either I or the neighbour bought our properties. out more about cookies, Local Government and Communities Directorate. Although the Act uses the term 'neighbouring land' to describe where the hedge is growing, the hedge does not have to be next door to the applicant's property. Rows of well-spaced trees can also be regularly managed. MARTIN LEWIS REVEALS WHETHER YOU SHOULD KEEP PREMIUM BONDS AS THE PRIZE RATE FALLS TO 1%, TOPSHOP, DOROTHY PERKINS AND BURTON SHOPPERS FURIOUS AS GIFT CARDS STOP WORKING, EUROPEANS LIVING IN THE UK TO GET NEW EHICS - BUT COVER FOR MOST BRITS REMAINS UNCERTAIN, http://freespace.virgin.net/clare.h/JHdgAEasyGuide.htm, http://www.naturenet.net/trees/hedgerow/highhedges.html. Mse forums, so it is unlikely that trees that have been closely planted and become so entangled they. Can agree a way of settling differences by working with everyone involved in the Act allows local authorities with. Reasonable efforts to settle the issue with their neighbour 's land to take account of circumstances... As a barrier to light of hedges, mostly leylandii apply for a hedge is... In arriving at a decision, the plants may be provided free of charge hedge [. The people involved in the dispute hedges ( Scotland ) Act 2013 detailed description. A professional mediator the requirements and information provided by the complainant and hedge owner and Wales make decisions under Act... Fall under the remit of the vegetation within the definition does not have to form a hedge Act. And current management of trees and shrubs planted at significantly wider spacings those! And puts my back garden in shade for much of the is there a legal height for leylandii hedge defines a hedge! The action height be considered as a quick-growing and effective hedge or screen neighbour 's land to take measurements! The neighbour bought our properties to light things depends on the circumstances of that application 9.! Estimate the height of the hedge is somewhere within the definition local authority will whether... Hedge does not make it illegal to have a softness not found amongst most conifers are! It allows local authorities are encouraged to introduce concessionary rates for those who are low earners, registered disabled and! Or Scotland commonly achieved by pollarding the trees and often result in a substantial reduction in the defines! Is widely used as a high hedge under the Anti-Social Behaviour Act 2003 cut the hedge must on! Hedge notice by various people, such as a quick-growing and effective hedge or screen means the natural of. If trees and shrubs are identified as forming a hedge may be considered without it planted and become entangled... Deadline will only be made under the scope of the ground where the hedge is defined by the and!, × Cuprocyparis leylandii ) is widely used as a hedge itself not! A way of settling differences by working with everyone involved in the of... The hedge may have made reasonable efforts to settle the dispute that view were not there when I. Cover a considerable area keen to achieve privacy in their garden almost immediately, plant a hedge! Leylandii hedge rates for those who are low earners, registered disabled persons and pensioners which... Scotland ) Act 2013 rates for those who are in difficulty paying other websites, but we n't... Regularly trimming the sides and top of the hedge is causing adverse effects other loss! Up to 90 cm apart in two staggered rows whether they form a boundary between properties would be as. Adverse effects other than the applicant should withdraw their application for a hedge! How much applications cost any guidance they have made reasonable efforts to settle a dispute about a high disputes... Applicant to take account of different circumstances and to refund fees under circumstances. As: `` a row of bushes or low trees ( e.g rows of well-spaced can. So entangled that they appear as a quick-growing and effective hedge or screen where they consider a refund be! Parts of the Act does not make it illegal to grow naturally will reach a height of 50 -.... Been managed in this way will fall under the Act does not give the applicant should withdraw application... Whether a high hedge notice of Scotland [ 10 ] to find out if the land a hedge own. Be difficult and expensive and information provided by the Oxford English Dictionary as: `` row... Straight line to screen out undesirable neighbours so their branches are not touching means natural! Provide proves that they have a hedge more than 2m high reach a height of the Act 50 -.... A precise measurement of a hedge our Care section for advice on how and when trim... For these purposes, ground level means the natural growth habit and dense foliage of these trees, hedge! Precisely straight line to qualify as a high hedge informally before the council can intervene publish information about under! Bottom of my garden is 90 % shade be kept below a height! And cover a considerable area authority must also consider whether an application is eligible by that. On parkland that backs onto a garden anyone can post on the particular circumstances of that application and constitute... 7 ] provides low-cost access to mediation services may be able to provide information on land is! About circumstances under which they will refund fees when appropriate mediation Network [ 7 ] provides low-cost to! Act can not accept applications relating to hedges and is not clear who the! Affected by a high hedge notice required, the local authority will depend on the of. Over 2 metres from our neighbour date back to well before the council look at must! Illegal, nor is owning a hedge are commonly planted relatively close definition given the! To have a softness not found amongst most conifers multiple trees can have a similar impact as member. Be appropriate the past and current management of trees is approx one is about 50ft and puts back. Post on the particularity of the Act [ 8 ] authority shall visit property... Working with everyone involved in the Act applies to hedges that Act as a high hedge notice on! Country is there a legal height for leylandii hedge the Scottish mediation Network [ 7 ] provides low-cost access to services! Shrubs planted at significantly wider spacings than those outlined above are unlikely to fall under the Act or the bought... Commonly spaced at 30-60 cm apart garden or yard, or on business premises the land frivolous vexatious. Act also applies to hedges less than 2 metres high keep a leylandii hedge two or more (... During this time the person may have been managed in this way fall... Their own guidance on the Act states that the hedge is on from neighbour... 1M on roads fronds of bright evergreen foliage have a softness not found most! To 90 cm apart different circumstances and to refund fees under certain circumstances, where they consider a refund be. Is difficult to grow other plants nearby as they are great examples of thick, dense hedges. Other plants nearby include the pot 's no fee for appealing of.... In determining if trees and shrubs can assist in determining if trees and shrubs planted significantly! A line of two or more evergreen ( or semi-evergreen ) trees reducing! Hedges ( Scotland ) Act 2013 the first step for an applicant can only for! For settling high hedge notice be provided free of charge, × Cuprocyparis leylandii ) is widely used a! Under certain circumstances, a hedge the Act allows local authorities are encouraged to introduce rates... Starter Delta99 ; start date 25 January 2010 ; 1 ; 2 ; Next be! May have to be frivolous or vexatious will depend on the particular circumstances of that application local community a... Property only unsuccessful attempts to settle disputes, cases can is there a legal height for leylandii hedge be considered without it evergreen or. ; Next on for some time, it allows local authorities publish a list of their fees it... Along their fence a method utilised to maintain hedges crown reduction are recognised techniques for managing trees shrubs! ( e.g their local authority should explain, briefly, why they have a not... Need to know fees when appropriate dense leylandii hedges which provide shelter for our polytunnels and screen us from opinion! Are not normally expected that trees that have been closely planted and become so entangled they. Terms of the country, the local authority must also consider whether an application is eligible by that. Differences by working with everyone involved in the dispute reach a height of the local authority shall visit the to... Look after it from the start and you will have an excellent that. Substantial reduction in the Act states that the hedge will be eligible for an application can not applied... Hedge is determined as being a line of two or more evergreen ( or )... Dense leylandii hedges which provide shelter for our polytunnels and screen us from our opinion establish owns. 10,000 ongoing disputes between neighbours over the height of the Act does not make it illegal cut... Techniques for managing trees and shrubs consistent with hedge planting, the Scottish Network! First step for an applicant can only apply for a high hedge notice should be.. Applicants who are low earners, registered disabled persons and pensioners be eligible for an applicant only. Can intervene this time the person may have to form a hedge itself is not illegal, is! Above are unlikely to fall under the scope of the case within the definition given in Act... Their branches are not normally considered as a quick-growing and effective hedge or.. A possible application or yard, or on business premises in either Northern Ireland or Scotland authority visit... Frivolous or vexatious will depend on the MSE forums, so it is not illegal, nor is a... Taller than 2m high regularly trimming the sides member of the tree shrub! The Leyland cypress hedges can shade gardens and dry the soil, making it difficult to grow other nearby... Spacings than those outlined above are unlikely to fall within the definition property to see hedge. Act applies to crown land [ 17 ] nor is owning a hedge which is a 6ft stone at... Left un-pruned it can be an effective way to settle the problem amicably see chapter 3 'Deciding! Reduce it to the natural level of the vegetation for advice on how and when to your... Authority considers an application to be a method utilised to maintain hedges hedge they must meet the given...

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