High Hedges
An Overview
Provided you have tried and exhausted all other avenues for resolving a hedge dispute, you will be able to take your complaint about a neighbour's evergreen hedge to Swale Borough Council. Part 8 of the Anti-social Behaviour Act 2003, gives local authorities powers to deal with complaints about high hedges. The Act came into operation in England on 1 June 2005.
Before You Complain
Please read the leaflet 'Over the garden hedge' which sets out some steps that you should consider trying.
The Council's role is to act as an independent and impartial adjudicator in those cases which people cannot settle for themselves. We cannot, therefore, negotiate or mediate between you and your neighbour. But you may wish to contact the 'Swale Mediation Service' who might be able to help,
Swale Mediation Service,
Phoenix House,
Central House,
Sittingbourne,
Kent, ME10 4BX
Call: 01795 471415
Email: swalemediation@tiscali.co.uk.
If you cannot agree a solution with your neighbour and you wish to discuss the situation before making a formal complaint, please contact our Customer Services Centre 01795 471850).
The Council can reject your complaint if we think you have not done everything that you reasonably could to negotiate a solution to your hedge problems. So if you don't follow the advice in the leaflet, you will need to explain why not.
Making a Complaint
All complaints about High Hedges must be submitted using SBC Form B (and notes). The form can be requested via our Customer Service Centre on 01795 417850.
Complaint Forms, plus guidance notes are also available on this website; these may be downloaded, printed out and completed by hand. There will be a fee payable of £450 before any complaint can be taken forward and you should contact any of the telephone numbers mentioned above to establish what this fee is (cheques should be made payable to "Swale Borough Council").
The role of the local authority is not to mediate or negotiate between the complainant and the hedge owner but to adjudicate on whether - in the words of the Act - the hedge is adversely affecting the complainant's reasonable enjoyment of their property. In doing so, the authority must take account of all relevant factors and must strike a balance between the competing interests of the complainant and hedge owner, as well as the interests of the wider community.
If they consider the circumstances justify it, the local authority will issue a formal notice to the hedge owner which will set out what they must do to the hedge to remedy the problem, and when by. Failure to carry out the works required by the authority is an offence which, on prosecution, could lead to a fine of up to £1,000.
Misconceptions about the Legislation put right
- The legislation does not require all hedges to be cut down to a height of 2 metres
- You do not have to get permission to grow a hedge above 2 metres
- When a hedge grows over 2 metres the local authority does not automatically take action, unless a justifiable complaint is made
- If you complain to your local authority, it does not follow automatically that they will order your neighbour to reduce the height of their hedge. They have to weigh up all the issues and consider each case on its merits
- The legislation does not cover single or deciduous trees
- The local authority cannot require the hedge to be removed
- The legislation does not guarantee access to uninterrupted light
- There is no provision to serve an Anti-social Behaviour Order (ASBO) in respect of high hedge complaints
