Dealing with neighbour disputes over high hedges
Government legislation helps to control the nuisance that overgrown hedges can cause.
The Council has the power to exercise control over high hedges by way of investigating formal complaints made by the public under Part 8 of the Anti-Social Behaviour Act 2003. We can decide if the height of the hedge is having an adverse effect on the enjoyment of the home and or the garden of the complainant. If we think that there is some negative impact, then we can take action to order the owner to reduce the hedge and maintain a certain height.
What is a "high hedge"?
To be considered a high hedge, you must be able to answer yes to the following questions:
- Is the hedge comprised wholly or predominantly of evergreen or semi-evergreen trees or shrubs?
- Are there two or more trees or shrubs in it and are these roughly in line?
- Is it over two metres in height?
- Does the hedge act as a barrier to light or access – even though it might have gaps in it?
When can you complain
You can only complain about the impact of a high hedge on a domestic property, including obstruction of daylight and sunlight or potential loss of view.
You must have taken all reasonable steps to try to settle the hedge dispute for yourselves before making a formal complaint to the Council. Ideally this should be a over period of at least a 6-months with regular attempts being made in that time. Any complaint will need to be supported by evidence that shows the attempts taken to resolve the issues before a complaint is made, including copies of any letters, emails, text messages or notes of conversations that show the steps taken to try and resolve the problem.
If there is no supporting information, or there has been limited attempts made to resolve the matters or periods of inaction before making a complaint, this can lead to the complaint being rejected.
How to make a complaint
You can request a complaint form by emailing planning.enforcement@manchester.gov.uk.
We charge a non-refundable fee of £460 for making a complaint under the legislation. Details of how to pay the fee will be sent once the complaint and supporting evidence has been received and initially reviewed. No formal assessmnet and action will be made until the fee is paid.
When you submit your complaint to us, you must ensure that a copy of the complaint and supporting information is provided to the hedge owner, as they will be asked to provide a response to the complaint.
In some circumstances, the hedge may span more than one property boundary. In those cases, it would be necessary for each affected owner to make a separate complaint, otherwise only the extent of the hedge along the complainants’ boundary would be affected. Each separate complaint must be accompanied by a fee and will need to be supported by evidence.
What action can we take
After considering all the evidence, we'll make a decision and determine what action should be taken (if any) to rectify the problem and prevent it from recurring.
If we conclude that the height of the hedge is having an adverse impact on the amenity of any neighbouring properties, we may issue a "remedial notice" that would require a reduction of the height of the hedge and regular maintenance to prevent the problem from returning.
The law does not require all hedges to be reduced to or maintained at a height of 2 metres; that height may only be appropriate is limited circumstances. It is also not possible to require the removal of the hedge altogether, nor can any action be so severe that it would lead to the death of the hedge, so in some cases the reduction in height may be far less than you expect.
Any remedial notice may be enforced through criminal prosecution, for which the maximum fine is £1000 and/or by the Council entering the land and carrying out the necessary work if the owner/occupier fails to do so.
Appealing against our decision
Both the complainant and the owner/occupier of the hedge can appeal to the Secretary of State against our decision, so the evidence that forms the complaint is crucial in allowing the appropriate assessments to be made.
When an appeal is made, the Planning Inspectorate would appoint someone to deal the appeal on behalf of the Secretary of State and make a final decision. There is no charge for making an appeal.
Getting more information
More information about high hedges complaints is available on the GOV.uk website.