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

Introduction
From 1 June 2005, provided they have tried and exhausted all other avenues for resolving their hedge dispute, people will be able to take their complaint about a neighbour's evergreen hedge to their local authority - your district or 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.

You can contact ODPM about high hedge matters at hedges@odpm.gsi.gov.uk.

A high hedges complaint form can be downloaded from this website, see the link on the right.

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 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.

Frequently asked questions on high hedges

Why should the person who is suffering the hedge problems have to pay the Council to intervene?
The Anti-social Behaviour Act 2003 states that complainants must pay a fee to the local authority when they submit their hedge complaint. There are several reasons why we think this is fair and reasonable:

• Most people who responded to questions about fees in the 1999 consultation 'High hedges - possible solutions' thought it was fair that the complainant should pay something for the local authority to intervene in their hedge dispute.
• Payment of a fee will encourage people to try to settle these disputes amicably, making sure that involvement of the local authority really is a last resort.
• A fee will also help to deter frivolous or vexatious complaints.
  It is common practice for local authorities to charge a fee for a service which is likely to benefit an individual (in this case, the complainant) rather than the community in general.

But the complainant is the innocent party in this dispute
It is important to understand the way the legislation works. It allows local authorities to review these cases, as independent and impartial third parties. Authorities are not investigating any offence - none has been committed, even if a complainant 'wins' their case - and so the legislation does not deal in innocent or guilty parties. As a result, the fee is a payment for a service - not a penalty.

How can there be no offence: it's anti-social behaviour?
There is no special significance in the high hedges provisions being included in the Anti-social Behaviour Act 2003. It simply provided a suitable opportunity, and vehicle, to get the high hedges legislation onto the statute book after several unsuccessful attempts through Private Members Bills. Certainly, the Act makes no provision for an Anti-social Behaviour Order to be served on the hedge owner. And no offence is committed until such time as a hedge owner fails to implement a local authority's order to carry out works to the hedge to remedy the problems it is causing.

Can I reclaim the fee from the hedge owner?
There is no procedure under the Anti-social Behaviour Act 2003 for the complainant to obtain re-payment of the fee, either from the local authority or from the hedge owner.

People have asked about taking their neighbours to the small claims court. This is the special procedure for handling smaller claims in the county court. It can be used for most claims for £5,000 or less and so, on the face of it, the procedure may apply to reimbursement of the fee for making a complaint about a neighbour's high hedge. However, issuing a claim at court should be a last resort. People should have tried other ways of settling the matter; for example, by writing to their neighbour to ask for recompense.

Further information is contained in the leaflets 'Making a Claim' (Leaflet EX301) and 'The Small Claims Track' (Leaflet EX307) available from the county court and at www.courtservice.gov.uk. Court staff can advise on the procedures, provide the necessary forms and help people to fill them out, but the final decision rests with the judge. So, court staff cannot tell someone whether or not they have a good claim or comment on their chances of success. People may be able to get free legal advice from a law centre to help them with this.

Deciduous Trees and Hedges
Why can't I complain to my local authority about deciduous trees and hedges that cause problems?
We decided to restrict the legislation to evergreen hedges because we had evidence that they were a widespread problem - from Hedgeline, the campaign group, and other letters we received from all over the country. And both the problem and possible solutions were the subject of public consultation. The results indicated overwhelming support for new laws to deal with evergreen hedges, including among the majority of local authorities who replied. Our mandate - and commitment - to legislative action is, therefore, to take action in respect of evergreen hedges only.

The consultation revealed no general appetite for legislation to deal with all problem hedges. And it must be said that we have no comparable evidence that deciduous hedges are a general problem. Although we get some letters from people who have problems with deciduous trees, these tend to relate to specific and individual sets of circumstances. They are also outnumbered by the representations we continue to receive on evergreen hedges.

Would you alter the legislation if more people wrote to you to complain about deciduous trees and hedges?
Even if there was more evidence of a widespread problem, we would still need to put the issue to public consultation before we could consider extending the provisions in the Anti-social Behaviour Act 2003 to allow local authorities to deal with complaints about deciduous hedges. In addition, we will want to ensure the current legislation is bedded in and working effectively before considering making any changes to it.