Introduction

Part 8 of the Anti-Social Behaviour Act 2003 comes into effect on the 1st June 2005.For the first time, legislation has been introduced which creates a procedure to deal with formal complaints from the general public about high hedges.From this date, provided they have tried and exhausted all other means for resolving their hedge dispute, people will be able to take their complaint to the Local Authority to seek a resolution.

The Council will expect you to provide documentary evidence to demonstrate that you have tried to amicably address the problem within the last six months and that you have kept records of letters, conversations and mediation.

If you can demonstrate the above, the Council can look at your complaint if the hedge is made up of a line of 2 or more evergreen or semi evergreen trees or shrubs, it is over a height of two metres (measured from natural ground level), and is capable of obstructing light or views and can detract from the reasonable enjoyment of your home or garden due to its height. Full details of why the hedge is causing a problem to you must be explained within your application.

There are two leaflets produced by the Department for Communities and Local Government (DCLG) titled ‘High Hedges: complaining to the Council’, and the other called ‘Over the garden hedge’.You can obtain copies by clicking on the titles or from Planning and Transport at the Town Hall Annexe, from the DCLG website www.communities.gov.uk or DCLG Free Literature on tel: 0870 1226236.

Reference should also be made to the booklet ‘High Hedge Complaints: Prevention and Cure’, which can be read by clicking on the title.Alternatively, copies can be obtained from DCLG Publications, PO Box 236, Wetherby, West Yorkshire, LS23 7NB.

Making a complaint

A complaint must be made on the relevant forms, and include the fee of £500.00.Provided it is clear that all necessary steps have been taken to try to resolve the problem amicably the Council will investigate.Bournemouth Council is employing consultants to deal with and investigate the complaints.

The complaints form and guidance notes are available by clicking the title, or in person from the Customer Services Team, Planning and Transport at The Town Hall Annexe, St Stephen’s Road, Bournemouth, or by phone on 01202 451323.Once completed they can be posted to:

Director of Planning and Transport Services
Bournemouth Borough Council
Town Hall Annexe
St Stephen’s Road
Bournemouth
Dorset
BH2 6EA

This investigation will be carried out by a consultant appointed by the Council who will prepare a report that will determine what action if any, should be taken to reduce the height.The views of both parties will be sought and both properties will be visited before a decision is made. Whether the decision is to reject the complaint or to uphold it and instruct the hedge owner to reduce the size of the hedge, both parties will be able to appeal to the Planning Inspectorate if they disagree with the action taken.

Please note that making a complaint to the Council is very much a last resort and the person making the complaint must show that all other attempts to resolve the problem amicably have failed.Try talking or writing to the person responsible for the hedge, or using a mediation service – we will be able to provide details of how to contact a mediation service shortly.

Conclusion

Enforcement including High Hedges and protected trees is a complicated subject. Councils will only become involved as a last resort and complainants are urged to study the advice and guidance contained within the Government publications referred to above before submitting complaints.

The above advice has been developed in conjunction Poole and Christchurch Borough Councils.