When you can make a complaint
When considering whether a particular hedge can be the subject of a complaint, the following questions need to be addressed:
- 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?
If the answer to all these questions is yes, then you can make a complaint.
Anyone making a complaint to the council must show that:
- The problems with the hedge are related to its height and
- It is adversely affecting the reasonable enjoyment of their own property
This could include obstruction of daylight and sunlight or potential loss of view.
Someone could make a complaint under the Act if the neighbouring high hedge affects their own garden. Impact on growing plants can also be considered.
The following factors are not relevant to a high hedge complaint:
- fears that the hedge will break or fall
- that the effect of the hedge has led to health problems
- that other hedges in the area are maintained at a lower height
- that the hedge was there before the affected property was built or before the complainant moved into it
- that the roots of the hedge are affecting neighbouring land or property