In June 2005 Councils were given new powers to assist members of the public with problems concerning high hedges. These powers are outlined under Part 8 of the Anti-social Behaviour Act 2003. Further information regarding high hedges can be found below.
What constitutes a high hedges complaint?
- The hedge is made up of a line of at least two evergreen or semi-evergreen trees or shrubs.
- The hedge does not have any significant gaps in it.
- The hedge is at least two metres in height when measured from the level of roots at ground level.
- The hedge is blocking out light to your home or garden.
Steps that must be taken before making a high hedges complaint.
Before you make a complaint, you must be able to show us that you have taken the following two steps to sort out the problem yourself.
1. Spoken and written to your neighbour about the hedge and how it is affecting the enjoyment of your property. You must have made at least three attempts in the last four months with at least two in writing
2. Spoken to a third party mediation group. These are groups run by trained mediators who will mediate between two parties in dispute.
How do I make a high hedges complaint?
Once you have taken the steps above you can send us your completed complaint form together with evidence to show that you have undertaken the steps above.
You can get a complaint form by visiting our planning helpdesk, phoning 0148344609 or by downloading our form High hedges complaint [PDF]
As well as this you must also send us:
A site plan with the hedge clearly marked on it. This should be to scale and show the relevant site and hedge measurements, including the direction of North.
The correct fee, which is currently £400. You should send a cheque made payable to 'Guildford Borough Council'.
What happens when you receive my complaint?
When we receive your valid complaint we will give it a reference number and pass it to a Planning Enforcement Officer.
As well as looking at the documents you have provided, the officer will carry out an initial investigation of the site. We do have the authority to do this, but the officer must let all owners know at least 24 hours before a visit takes place.
As part of the investigation the officer will need to confirm that all of the information provided in the complaint is correct and genuine.
Having looked at all of the evidence, the officer will write a report for the Head of Planning Services, who will make a decision.
What happens if my complaint is upheld?
If we decide that the hedge is affecting the enjoyment of your property, we will make a decision on the action that must be taken.
We may decide to issue a remedial notice
We will send this notice to the following people:
You (the complainant)
The owners and occupiers of the land on which the hedge is growing
Any other owners and occupiers of affected neighbouring land
This remedial notice will explain:
- That you have made a complaint
- That we have decided to support your complaint and the reasons for this
- The action that the hedge owner must take and the date that this action must be taken by. (We cannot ask for the hedge to be cut below 2 metres or for it to be removed.)
- Any future action which the hedge owner must take to stop the problem happening again
- What will happen if the hedge owner does not take this action within the timescale we set
- The remedial notice is registered as a local land charge for the time it is valid.
At any time before or after a notice has been issued, if we feel that the situation has been dealt with, or the terms of the notice have been met, we can withdraw the notice or dismiss or relax its terms. If we do this we will write to you (the complainant) and the owners and occupier of the land on which the hedge is growing.
Can I appeal against your decision?
Both the complainant and the owner of the hedge can appeal to the Planning Inspectorate against a decision we make:
- to issue a remedial notice
- not to issue a remedial notice
- the terms of the remedial notice
- to withdraw a remedial notice
- to dismiss or relax the terms of a remedial notice
Any appeal must be made to the Planning Inspectorate within 28 days of the remedial notice or the date on which we notify all interested parties of our decision.
For more information about appealing to the Planning Inspectorate, including copies of the appeal forms and guidance notes contact them using the following:
Phone them on 01173728252
Visit the appeals section of their website at:
www.planninginspectorate.gov.uk (this page opens in new window)
Write to :
The High Hedges Appeal Team
Room 4/12 Eagle Wing
Temple Quay House
2 The Square
Temple Quay
Bristol
BS1 6PN
What if the owner of the hedge does not take any action?
We can take the owner of the hedge to court if they do not take the action set out in the remedial notice and they do not make an appeal. The court can order the owner to pay a fine of up to £1000 and/or to take the action set out in the notice. A further fine of £1000 and conviction may become due to if there is a breach of the first court order.
We also have the power to take direct action to reduce the hedge height. We can enter the hedge owner's land and cut the hedge down to the height stated in the remedial notice. However we must let the owner or occupier of the land know at least 24 hours before we do this. We will recover our costs from the hedge owner for any direct action we have to carry out and trimmings and chippings will left onsite.
Planning Enforcement
Guildford Borough council
Millmead House
Millmead
Guildford
Surrey
GU2 4BP
Tel: 01483 4444627
Email: planningenforcement@guildford.gov.uk