Prior to us being involved, neighbours need to produce evidence that they have attempted to resolve the problem themselves or by involving an independent mediator. If these steps have not been completed, we are under no obligation to follow up the complaint.

Visit our Making a Complaint webpage for more information.

When we are satisfied that a formal complaint is justified, it is submitted on the appropriate form, together with all the relevant details and the fee, we will send details of the complaint to the owner of the hedge and invite comments. We may also contact anyone else we believe may be affected by the hedge and in certain cases contact the local Parish Council or other amenity bodies.

When we have the views of all parties we will visit the site and make an assessment of the issues.

The assessment is carried out in accordance with guidance prepared for the DCLG by the Building Research establishment. This research has attempted to produce some objective criteria for determining impact of high hedges in terms of matters such as loss of light, overbearing effect and shade.

Following investigation of the complaint, we must decide the following :-

i) whether the height is adversely affecting the complainants reasonable enjoyment of the property and if so
ii) if it is, what action should be included in a remedial notice to remedy the adverse effect?
iii) if the authority decides that neither i) or ii) is applicable, we will notifies the complainant and the owners of the property specified in the complaint that it will not be taking any further action.

If a remedial notice is served, we need to set out the steps required to remedy the identified problems. It may not require the reduction of the hedge to below 2 metres or the removal of the hedge altogether.

There is an appeals mechanism which is available for both parties, i.e. in respect of the complainant, that we have decided not to issue a remedial notice or that the steps required are not sufficient; and in respect of the owner of the hedge, that the remedial action is excessive or the compliance period is too short.

If either party choose to appeal this will be dealt with by the Planning Inspectorate. Where there is continuing failure to comply with the remedial notice or an appeal decision, it becomes an offence triable at the Magistrates’ Court.

We may also exercise default powers and, using its own contractors, carry out the required work and recharge the owner. This charge may be recovered as a simple debt or may be entered as a change on the land to be recovered when the property is sold.

What happens if someone complains to us about your hedge?

Before we become involved your neighbour must already have tried to resolve the matter with you so you will be aware that he or she feels that the hedge adversely affects their quality of life.

Once your neighbour has made a complaint we will send details of the complaint to you and we may also contact anyone else we believe may be affected by the hedge. If you are not the freeholder of the property we may also contact the owner and anyone else having an interest in the land. In certain cases we contact the local Parish Council or anther amenity bodies.

You must respond to this complaint within three weeks or your views may not be taken into account when we make a decision on the complaint.

Our officers will then visit the site and view the hedge from both sides. We will take measurements and may also take photographs. It is preferable that both parties are present during the site visit when officers may wish to ask questions or you can draw to the attention of the officers particular points of concern. However, you should bear in mind that officers cannot give their views or judgement on the matter at this stage not can they mediate between the parties.

The law allows our officers to enter land in carrying out their investigation.

What happens after we have made our assessment?

The officers carrying out the visit will submit a report to a senior officer setting out their findings.

After considering the facts gained during the site visit and taking into account the representations of all interested parties we will determine whether or not to issue a Remedial Notice. That decision will normally be taken by one of our senior officers under powers given to him or her by our elected Members.

We will then write to both parties explaining their decision and enclosing a copy of the report.

If you are the complainant and we decide not to issue a Remedial Notice you can appeal against this decision to an independent Inspector appointed by the Planning Inspectorate.

View our Appeals webpage for more information.