high hedge

high hedge

Postby rabbit » Tue Sep 27, 2011 12:15 pm

hi, i am hoping someone can give me some advice. our neighbours hedge is now so high it pretty much blocks out all our sunlight after about 1pm - when they first moved in we agreed a height that we would all keep to. however, in the last year or so it has become higher and higher, their side being around 2 feet higher than ours. They are not easy people to deal with (the last time we knocked on the door to tell them something we were greeted with 'what?!') and the wife appears to have a paranoid view that everyone wants to see in their garden (they dont trim the one on the other side either which blocks the view for the elderly neighbours) somebody has told me that there is a section of the anti social behaviour bill which covers high hedges and that we could actually take legal action but this seems a bit extreme? Also if the hedge is higher than 2 meters we can actually just cut it back (it is way higher than 2 meters) has anyone had a similar problem? and how did you resolve it - please ......
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Re: high hedge

Postby despair » Tue Sep 27, 2011 1:22 pm

You need to check all the details of the High Hedge Law

and if you are able to use it you must be careful to follow the steps ...........www.hedgeline.org is one source of info
Your local Council should have a booklet "Over the garden Hedge" and the Environment Dept of the Government website also has info

however this does not mean that every evergreen hedge must only be 2 metres max
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Re: high hedge

Postby Mojisola » Tue Sep 27, 2011 1:45 pm

rabbit wrote:hi, i am hoping someone can give me some advice. our neighbours hedge is now so high it pretty much blocks out all our sunlight after about 1pm - when they first moved in we agreed a height that we would all keep to. however, in the last year or so it has become higher and higher, their side being around 2 feet higher than ours. They are not easy people to deal with (the last time we knocked on the door to tell them something we were greeted with 'what?!') and the wife appears to have a paranoid view that everyone wants to see in their garden (they dont trim the one on the other side either which blocks the view for the elderly neighbours) somebody has told me that there is a section of the anti social behaviour bill which covers high hedges and that we could actually take legal action but this seems a bit extreme? Also if the hedge is higher than 2 meters we can actually just cut it back (it is way higher than 2 meters) has anyone had a similar problem? and how did you resolve it - please ......


No, you're not allowed to do this. You either go down the legal route or put up with it.
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Re: high hedge

Postby rabbit » Tue Sep 27, 2011 1:52 pm

thanks both, i think i do have a case here so may start on that route, there's formal letter templates i can send by the look of it and then see what happens i suppose. Just seems a bit of a heavy handed approach but i suppose if you aren't dealing with reasonable people thats the only other option. Putting up with it isn't an option as we are sick and tired of it, it's probably about 10-12 feet high now so getting silly. Might see what the other neighbour thinks who is penned in on the other side - a joint approach might work better.
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Re: high hedge

Postby Rowan » Tue Sep 27, 2011 2:00 pm

rabbit wrote:............ Putting up with it isn't an option as we are sick and tired of it, it's probably about 10-12 feet high now so getting silly. ............


To be honest 10-12 foot high is NOT really that excessive (as hedges go) - I rather think that you will not get any help from the High Hedge legislation

Nor, to be honest, can I see that "it pretty much blocks out all our sunlight after about 1pm" - my neighbour's garage is higher than that and its shadow is not a problem for any length of time

We are in bungalows and accept that the bungalows/fences/hedges/trees will cast shadows at various times of the day - it's the norm for surburban living
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Re: high hedge

Postby rabbit » Tue Sep 27, 2011 2:08 pm

i take your point but looking out of the window the only gardens in darkness are ours and theirs as they wont cut the other side either. the hedge is 10-12 feet hight but then there are trees dotted along it which are way above that, probably 20 plus feet with branches hanging over - i would be happy with just the hedge at a sensible height so some sun gets through - i dont really think thats unreasonable.
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Re: high hedge

Postby Rowan » Tue Sep 27, 2011 2:32 pm

rabbit wrote:......but then there are trees dotted along it which are way above that, ..........

So it may well be the trees that are causing the shadowing - are they evergreen ??; do they meet in any way ?? - High Hedge legislation is only applicable to evergreens that meet to form a hedge

rabbit wrote:...... trees ........ probably 20 plus feet with branches hanging over .......

You are entitled to cut back (but only to the boundary) the branches hanging over your side - if you do that then you should offer the cuttings to the trees owner, but they are not required to accept them, in which case you have to get rid of them yourself

- all subject to the trees NOT being TPOed - then a whole different senario takes over
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Re: high hedge

Postby rabbit » Tue Sep 27, 2011 2:58 pm

actually quite a few are so big now they do meet so maybe i would have some luck. I think from looking at the replies and previous posts on this site though i've made up my mind to try and talk to them as it all seems a bit of a drama over something as silly as a hedge. thanks everyone for your advice
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Re: high hedge

Postby TO » Tue Sep 27, 2011 11:11 pm

Hi Rabbit

Talk first, write latter. Keep records of dates and what was said, and copies of any letters. This will prove to the Council that you have tried to sort the problem out yourself without any joy.

Rowan wrote:High Hedge legislation is only applicable to evergreens that meet to form a hedge
Straight from the school of despair. Read the legislation and associated guidance.

TO
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Re: high hedge

Postby Rowan » Wed Sep 28, 2011 8:06 am

TO wrote:...........
Rowan wrote:High Hedge legislation is only applicable to evergreens that meet to form a hedge
Straight from the school of despair. Read the legislation and associated guidance. TO


That information is correct - please do not compare my contributions to an other poster - the information is from the "Hedge height and light loss" booklet issued by the Department for Communities and Local Government
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Re: high hedge

Postby TO » Wed Sep 28, 2011 6:25 pm

Hi
Rowan wrote:High Hedge legislation is only applicable to evergreens
My emphasis
and
Rowan wrote:
TO wrote:...........
Rowan wrote:High Hedge legislation is only applicable to evergreens that meet to form a hedge
Straight from the school of despair. Read the legislation and associated guidance. TO


That information is correct - please do not compare my contributions to an other poster - the information is from the "Hedge height and light loss" booklet issued by the Department for Communities and Local Government
However, if we read the Antisocial behaviour Act 2003 Part 8 s66 (1)(a) In this Part “high hedge” means so much of a barrier to light or access as—(a)is formed wholly or predominantly by a line of two or more evergreens. Again my emphasis. Rowan, until such times as your opinion takes precedence over an Act of Parliament I'll continue to take notice of the Act, not you.

TO
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Re: high hedge

Postby despair » Wed Sep 28, 2011 7:57 pm

Do all TOs adopt that reasoning because its not something i have heard before

Its sure gratifying if it is universal
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Re: high hedge

Postby TO » Thu Sep 29, 2011 7:27 am

Hi

It's not a matter of reasoning, it's the Law and applies to all high hedges in England and Wales.

TO
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Re: high hedge

Postby syckend » Wed Oct 19, 2011 9:45 pm

rabbit it's not pleasant being involved in a dispute with a neighbour but it is not acceptable to have to live for years on end under the shadow of high hedges. I should know because after nine years of trying to be reasonable, sharing hedge cutting costs, even putting in an extra window into a blighted room rather than making a formal complaint to the council, our high hedge problem is resolved. Our neighbour would never put anything in writing so verbal agreements were never kept.

Today was the deadline for our formal complaint to be delivered to the council, but yesterday our neighbours capitulated and - much to our surprise - they are going to uproot the evergreen hedge which is only 2M away from our windows rather than cut and maintain it at 2M which is the 'action height' for our hedge.
[Uprooting will bring its own problems but the 30yr old hedge is their responsibility so they will have to bear the costs of any damage as they were warned about potential problems many years ago.]

Our formal complaint file is impressive as it includes the completed complaint form, copies of all letters that were sent over the years, a brief record of all verbal communications, meetings, and especially a record of all the attempts we made to resolve the problem ourselves etc, photographs, a plan showing the hedge, houses and windows - and if we had sent it - there would also have been a cheque for over £500.

However the most important thing about the complaint was that we had researched everything about the Part 8 High Hedge legislation, and as members of Hedgeline had followed the progress of the Bill back in 2003/4/5. We had read every relevant document published by ODPM - they are all available online as you've discovered - and we had done careful measurements to calculate 'action height' and 'cutting margin, as advised in 'Hedge height and light loss' by ODPM and so on.

We tried so hard to be reasonable, but I have no doubt at all that our neighbours only decided to deal with the nuisance when they realised that this time the complaint would be submitted and a 'remedial notice' would almost certainly be issued against them, and registered with the Land Registry.

So go to it rabbit! Do you research and when you're sure you meet all the criteria start the process .... And join Hegdeline
http://freespace.virgin.net/clare.h/ind ... m#CONTACTS
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Re: high hedge

Postby TO » Wed Oct 19, 2011 10:05 pm

Hi

Well done syckend for getting a resolution. Discussing it with the neighbour paid off. It often does.

Whether or not a remedial notice is issued is a matter for the Local Authority. It is not a given no matter what what your opinion is.

Since when have High Hedge remedial notices been registered at the Land Registry?

TO
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