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The Current Position

 
Part 8 of the Anti-social Behaviour Act 2003, which gives local authorities powers to deal with complaints about high hedges came into operation in England on 1 June 2005.
 
high hedge

Introduction

 
Provided you have tried and exhausted all other avenues for resolving your hedge dispute, you will be able to take your complaint about a neighbour's evergreen hedge to South Staffordshire Council.
 
The role of South Staffordshire Council 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, we 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 we consider the circumstances justify it, South Staffordshire Council 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 Council is an offence which, on prosecution, could lead to a fine of up to £1,000.

 

 
view hedge

Cutting the tall stories down to size

 
  • 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 South Staffordshire Council does not automatically take action, unless a justifiable complaint is made.
  • If you complain to South Staffordshire Council, it does not follow automatically that we will order your neighbour to reduce the height of their hedge. We have to weigh up all the issues and consider each case on its merits
  • The legislation does not cover single conifers or deciduous trees
  • South Staffordshire Council 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
  • If there is a tree within the hedge there may be a tree preservation order (TPO) served on it or it may be within a Conservation Area. In either case, you are advised to contact the Council's Arboricultural Officer on 01902 696422 before carrying out any works to the tree 

     

 

Guidance on how you can agree a solution about problem high hedges, including a complaint form and notes, are available to download below.
 

Forms/Documents

 
 
 
 
 
 
 

Links

 
 
External Link: Hedgeline
 
 

Contacttree council

 
Steve Dores
Senior Arboricultural Officer
Telephone: (01902) 696422
Fax: (01902) 696705
 
 
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