07 September 2008Choosing a hedge
What if you're bothered by a neighbours hedge
Complaining to the Council
Complaint form and guidance notes for completion
Fees
Appealing the decision
Uncommon cases
Contacts
Hedges can make an ideal boundary to a property but they can also bring problems; Part 8 of the Anti Social Behaviour Act 2003 gives powers to Local Authorities to deal with complaints about high hedges. Below we have summarised some of the main points but if you wish to take legal action you may wish to look at the full text of the Act available on Anti Social Behaviour Act 2003
Choosing a hedge
If you are thinking about planting a new hedge the leaflet The right hedge for you: choosing a garden hedge can help. When choosing a hedge think about what you want it to do and how you want it to look but also consider how, when it has grown taller or thicker, you will maintain it and how it will impact on your neighbours.
What if you are bothered by a neighbours hedge?
If you are troubled by someone else's hedge the best way to sort it out is to talk to them about it. It is in the best interests of both of you to be on good terms, you have to continue to live near each other after all. There is practical advice about how to approach your neighbour about this in Over the Garden Hedge. Keep a record of what you have done to resolve the matter, as you will need that if you want to involve the council at a later stage.
Complaining to the council
If you have been unsuccessful in resolving the matter with your neighbour you can ask the council to consider your complaint. There are certain things you must do before involving us and there are certain criteria that must apply to the hedge. Full details of these are given in High Hedges: Complaining to the Council If you are satisfied that your case meets the criteria outlined you should complete a complaint form (
PDF 23K file details) and send it with relevant sketches and photos to the Environmental Protection Department. Read the complaint form guidance notes ( PDF 273K file details) carefully before you complete the form. You may request both of these to be posted to you if you wish.
When you submit your application you have to pay a fee to the council to consider your complaint. Note that if we proceed with your case the fee is not refundable whether you are successful or not nor can we be involved in helping you recover the fee from your neighbours.
Fees
The fee for this service is set at £650. A reduced fee may be available to those on means tested benefits. For advice contact environmental.protection@sevenoaks.gov.uk or telephone 01732 227000.
Appealing
If you disagree with the councils decision you will have the right to appeal. We know that the Planning Inspectorate will hear the appeal and make a decision according to the information submitted but we are waiting for further guidance from the government on this procedure.
Uncommon Cases
Most questions are covered in the links above but there are some more unusual points, which are part of the legislation but not specifically mentioned in the links such as when there is more than one property affected or the hedge has more than one owner. Contact 01732 227000 or environmental.protection@sevenoaks.gov.uk for more information.
For more information on High Hedges Legislation please click here to go to the Government website
