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Controls on high hedges finally came into force in April (under the Anti-Social Behaviour Act 2003). Previously, the only remedies against a neighbour with an unduly high hedge lay in the difficult concepts of interference with the right to light, or perhaps trespass (in respect of the branches and roots).
Now, however, any owner of domestic (not commercial) property can make a complaint to the LA that the ‘reasonable enjoyment’ of their property has been adversely affected by the height of a hedge growing on neighbouring land.
In appropriate cases, after failed attempts at negotiation, the LA can issue a remedial notice and it can also order that the hedge owner carry out works within a prescribed period of time (with the LA having default powers to carry out the work itself and recover those costs from the owner – with the costs then being registered as a local land charge). Note, however, that these provisions only apply to hedges of at least 2m height (with a hedge being defined as comprising two or more evergreen or semi-evergreen shrubs – so the controls will not apply to a single tall tree).
It is possible to appeal the remedial notice to the Secretary of State; for more information go to www.odpm.gov.uk (search for ‘high hedges’).
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May 2005 |
