|
What is a high hedge?
A high hedge
is considered to be a line of two or more evergreen or
semi-evergreen trees or shrubs, which are over two metres in
height. This doesn't include individual shrubs and
trees.
What is the basis of any complaint?
We can
take action if a hedge is more than two metres tall and blocking
light or views. Does the hedge detract from the reasonable
enjoyment of your property because it is too tall.
What can be done if the roots of hedges are causing
damage?
This is a civil matter and you will have to take this up with your
solicitor.
Will you charge a fee to investigate the
complaint?
We will charge you £400 to investigate the
complaint.
Are you obliged to investigate all
complaints?
No. We won't investigate any complaint we
consider to be frivolous or vexatious or if the complainant has
failed to take all reasonable steps to resolve the issue before
involving us.
What reasonable steps need to be taken before you will
investigate?
Before contacting us try to reach an
agreement with the hedge owner about a reasonable height for the
hedge. When you apply for us to make an investigation, you should
include a record of the verbal and written requests you have made
to the hedge owner along with details of their response.
Can action be taken against a company?
Yes but you should take the same reasonable steps to reach an
agreement with the company before contacting us.
If you agree to investigate what first steps will you
take?
First of all an exchange of representations and
a site visit will take place.
The Anti-social Behaviour Act gives us a legal power of entry onto
a property to investigate a complaint. We will decide whether or
not the complaint is justified. There is no time limit on when we
must reach a decision. The decision, together with the reasons for
that decision, will be sent to both the complainant and the hedge
owner.
If you decide the hedge is too high, what happens
next?
If considered appropriate, we will issue a remedial notice to the
hedge owner. This sets out the work that needs to be carried out,
what action needs to be taken to make sure the hedge is maintained
at a reasonable height in future and the penalties they will incur
they don't comply with the notice.
The notice becomes a charge on the property and legal obligations
pass to any subsequent owners.
Does the Act give you power to tell the hedge owner to
reduce the height of the hedge to less than two
metres?
No, the height by which hedges are reduced
will depend on each case.
Does the hedge owner have a time limit to
comply?
Yes. The notice will give a compliance period which allows the
hedge owner to enlist the services of a contractor if needed and
arrange for work to be carried out. It is recommended that hedge
cutting does not take place between March and August as disturbance
of nesting birds may break wildlife protection laws.
We can start proceedings for non-compliance with the notice only
after the compliance period expires.
What happens if the hedge owner doesn't comply with the
notice?
It is an offence not to comply with a
remedial notice. If the hedge owner is convicted by a magistrates'
court, he or she may be fined up to £1000.
The court may also decide to order the hedge owner to carry out
works. If they obstruct one of our officers they could be fined up
to £1000.
What will you do if the hedge owner still refuses to
comply?
If they still fail to comply without reasonable excuse, they may be
fined a further rate of £50 per day while the work remains
uncompleted. We may carry out work ourselves and charge the hedge
owner for all costs involved. These costs would be registered as a
local land charge and consequently any prospective buyers would be
subject to them.
Is there a right of appeal?
Yes. Any appeal by the hedge owner against a remedial notice must
be made in writing and sent to the Planning Inspectorate within 28
days of the notice being served. Either party may also appeal
against a notice on the grounds that it either goes too far or not
far enough. |