High hedges - making a complaint
If you think that a high hedge is detracting from the reasonable enjoyment of your property, home or garden you can make a complaint to us. Our role is not to mediate or negotiate between you and the hedge owner. It is to judge whether the hedge is detracting from your reasonable enjoyment of your property. We have to take account of all relevant factors and must strike a balance between your interests, those of the hedge owner, and the interests of the wider community.
If you have a complaint
Before we can deal with a complaint we need to be satisfied that the hedge is covered by the legislation and that you have tried to resolve the problem yourself.
You can make a complaint about a hedge if:
- it is growing on land owned by someone else
- it is acting to some degree as a barrier to light or access
- the hedge, or the part which is causing problems, is made up of a line of 2 or more trees or shrubs
- the hedge is mostly evergreen or semi-evergreen
- it is more than 2 metres tall
- even though there might be gaps in the foliage or between the trees or shrubs, the hedge is still capable of obstructing light or views.
and also providing
- you are the owner or occupier of the property affected by the hedge
- the property is residential.
We cannot deal with a complaint unless you can show that you have tried to sort the problem out with your neighbour within a 3 month period before you made the complaint and that there is a record of what you have done.
You will need to show us that you have tried to involve independent mediators such as Mediation Buckinghamshire. You can contact them on 01494 520821 for details, including charges.
Making a complaint
A complaint form and guidance notes on how to complete the form can be downloaded from the bottom of the page.
What will it cost?
The fee for making a complaint is £350. However, if we decide we cannot proceed to deal with the complaint, we will refund this fee.
How are complaints decided?
We gather all the relevant information to help us make a decision. This involves us writing to those involved in the dispute as well as visiting the site.
As complaints do not normally raise wider issues, we will not publicise them or consult parish or town councils unless the hedge is in a Conservation Area or is covered by a Tree Preservation Order.
If anyone not directly involved in the dispute writes to us, we have to send copies of their letter to the person making the complaint and to the owner of the land where the hedge is situated.
Once we have all the information we weigh it up and make a decision. We aim to deal with all complaints within 12 weeks of receiving them.
If we decide action is necessary, we issue a formal notice setting out what should be done to the hedge and when this must be done by.
What happens if required works to the hedge are not carried out?
If the owner fails to carry out the required works, this is an offence and they could be prosecuted in the Magistrate’s Court. If found guilty they could be fined up to £1000.
We could also decide to do the works ourselves but we are not required to do this.
Is there a right of appeal?
If either the owner of the land on which the hedge is situated or the person making the complaint disagree with our decision, they can appeal to the independent Planning Inspectorate. The Planning Inspectorate must receive the appeal within 28 days of the date of our decision letter.
Date Published: 28/03/08
Downloads:
File name | Summary | File size / Download time | File Format |
Adobe Acrobat Reader is available FREE of charge. You can download it directly from Adobe's website by clicking the link to the right. Once on Adobe's website, follow the instructions on screen to install the latest version of Adobe Acrobat Reader. |  |
High hedges complaint form | Guidance notes and application form to complain about a high hedge | 151KB
56Kbps Modem: Less than 1 Minute Broadband : Less than 1 Minute | 
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Recommended external websites
*N.B External links are selected and reviewed when the current page is published. However, the AVDC is not responsible for the content of external websites.
High hedges on the Department for Communities and Local Government website | http://www.communities.gov.uk/index.a... |