How do I appeal against a Remedial Notice?

An appeal against the issue of a remedial notice may be made on any of the following grounds -

• that the height of the high hedge specified in the remedial notice is not adversely affecting the complainant's reasonable enjoyment of the domestic property so specified;
• that the remedial action or preventative action, or both (as the case may be) specified in the remedial notice is insufficient to remedy the adverse effect of the high hedge on the complainant's reasonable enjoyment of the domestic property so specified or to prevent its recurrence;
• that the remedial action or preventative action, or both (as the case may be) specified in the remedial notice exceeds what is necessary or appropriate to remedy the adverse effect of the high hedge or to prevent its recurrence;
• that the period specified in the remedial notice for taking the initial action so specified falls short of what should reasonably be allowed.

If a Remedial Notice is served on you then you can appeal against the Notice to the Planning Inspectorate who will appoint an independent Inspector to determine the appeal.

Please see the Planning Inspectorate website for more information.

How do I appeal against our Decision not to issue a Remedial Notice?

If you are the complainant and we have made a Decision unfavourable to you, you may appeal on one or both of the following grounds:

• that the relevant authority could not reasonably conclude that the height of the high hedge specified in the complaint is not adversely affecting the complainant's reasonable enjoyment of the domestic property so specified;
• that, having concluded that the height of the high hedge specified in the complaint is adversely affecting the complainant's reasonable enjoyment of the domestic property so specified, the authority could not reasonably conclude that no action should be taken with a view to remedying that adverse effect or preventing its recurrence.

I get a Notice: I don’t appeal or lose my appeal – what then?

You must now comply with the requirements of the Remedial Notice. If you do not comply with the requirements of a Remedial Notice within the specified time we have two options:

•  to commence proceedings in the Magistrates' Court, and/or
•  to enter the land and use its own contractors to do the necessary work.

In the case of the former you are liable, on conviction, of a fine up to £1000

In the case of the latter you must pay all of our costs in doing this work.

It is probably in most cases that we will use the latter option. It is also probable that if we undertake the work it will involve greater expense that you doing the work yourself.