Blaby District Council

Summary

Neighbour disputes caused by high hedges prompted the Government to change the law, allowing action to be taken under Part 8 of the Anti-Social Behaviour Act, 2003. This was introduced on 1st June 2005.

Since then Blaby District Council has received numerous requests for help, but very few have reached the stage of becoming formal complaints. The legislation and guidance on high hedges is quite complicated so the quick reference guide below should prove to be useful in considering whether you should make a complaint.

There is a charge of £370.13 inc VAT for this service

If you have a problem with a high hedge, please contact us.

How to report a high hedge

1. Apply to Environmental Protection Group by telephone, fax, email or post on the details below.

Further information

Quick reference guide

• The law only applies to evergreen or semi-evergreen trees or shrubs over a height of two metres which form a hedge. For the purposes of the Act, a hedge consists of a line of two or more trees or shrubs. It does not cover single or deciduous trees.
• The High Hedge legislation takes precedence over tree preservation orders.
• The fact that a hedge pre-existed the building of the home that is affected by the hedge is not a consideration when determining whether remedial action must be undertaken.
• The Council will only investigate formal complaints if the complainants can demonstrate they have tried and exhausted all avenues for resolving the matters informally with the hedge owners first. You should keep records of any verbal or written requests for action made to the hedge owners.
• The Leicestershire Community Mediation Service might be able to help in resolving a dispute and they can be contacted via their website detailed below.
• The Council must take account of all relevant factors and must strike a balance between the competing interests of the complainant and the hedge owner, as well as the interests of the wider community.
• The role of the Council is not to mediate or to negotiate; it adjudicates on whether the hedge is adversely affecting the complainants' reasonable enjoyment of their property. The Council does this by regard to the legislation, guidance and any other relevant factors it considers necessary.
• Failure to comply is an offence which, on prosecution, could lead to a fine of up to £1000.
• The Council also has the power to carry out the required works in default of the hedge owner and recover the costs.
• A complaint can only be made where the property affected is residential.
• The complaint must be made by the owner or occupier of the affected property.
• The legislation will not permit the removal or destruction of a hedge.
• The Act specifically excludes any problems caused by tree or shrub roots.

External websites

• Leicestershire Community Mediation Service (external link)
• The Department of Communities and Local Government (DCLG) publishes two free explanatory leaflets:
  • Over the garden hedge (PDF, 1,078KB) (external link)
  • High Hedges: complaining to the council (PDF 395KB) (external link)

Copies of the leaflets are also available from the Council Offices. If you would like any information please contact the Environmental Protection Team on the number below.

Contact us

Officer / Team	Environmental Protection Group
Postal address	Blaby District Council Council Offices Desford Road Narborough Leicester LE19 2EP
E-mail address	env.health@blaby.gov.uk
Telephone	0116 272 7555
Fax	0116 272 7594

If you need this information in other languages or formats (large print, Braille or audio), please let us know when you contact us.

This page was last updated on 29th July 2009