Legal Maximum Height Garden Hedge
As with the width of the plants, the height can be controlled by frequent pruning with a post cutter or with a regular hedge trimmer and a suitable platform. By trimming the hedges to two meters high, the task remains manageable and you can usually prevent things from getting out of control. It may be useful to read the height of the hedge and the loss of light. This guide and the accompanying chart can help you determine if an evergreen hedge is blocking too much daylight and sunlight for your home or garden. But the legislation does not allow councils to deal with all the problems that could be caused by hedgerows. The Council cannot take into account, for example, the height of other neighbours` hedges or the fact that worrying about a hedge makes you sick. When you buy a property, you receive the deeds and they explain where the boundaries of your property are and therefore your responsibilities. These responsibilities relate to the water and utilities that enter your property, as well as the hedges and fences that make up the outer perimeter of your property. This can take weeks or months. The board should be realistic about how long it will take your neighbour to cut the hedge or hire someone else to do so. The council may also need to allow more time to protect birds nesting in the hedge. Let`s take a look at concrete examples of coverage challenges and how you can overcome them: the legislation states that your hedge can reach 2 meters high – but there are other factors to consider. 59.
When considering a request for notification of high coverage, it must take into account the height of the hedge on the applicant`s side in order to assess the impact on their property. You will also need to confirm that the height of the hedge is more than 2 meters above the ground, and so you will probably need to measure the hedge from the owner`s side. 33. The municipality is not required to decide whether the height of a high hedge affects the equitable enjoyment of the applicant`s home until it has confirmed that the application is eligible. For more information, see Chapter 3 of these Guidelines (decision whether or not to issue a High Coverage Advisory). 47. The Act applies to hedgerows and is not intended to harm forests and forests. For example, well-spaced tree lines are generally not considered hedges, even though trees combine to form a canopy.
Trees planted between plots are not generally expected to be classified as forest or forest. This publication is available at www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council Under the law, you have the right to prune the roots and growth of your neighbour`s hedgerows when they invade your property, but you are not allowed to cut hedges on their property without permission. Similarly, your neighbor can cut your hedge on his property if it becomes a problem. The law defines tall hedgerows as a series of two or more evergreen or semi-evergreen trees or shrubs that are more than 2 metres above the ground and form a complete barrier to light or access. You cannot file a complaint if it is only a shrub or a tree, regardless of its height. 19. Another way to resolve disputes with a high level of protection without involving the local authority is mediation. It is a way to resolve disputes by working with everyone involved in the conflict.
Mediation can be conducted by different people, such as a member of the local community or a professional mediator. In many parts of the country, the Scottish Mediation Network[7] provides cost-effective access to mediation services. In some municipalities, mediation services may be provided free of charge. Citizens should check with their local authority about the availability and cost of local mediation services, although local authority officials dealing with requests for high protection do not offer mediation themselves. 49. In order to determine whether trees and shrubs form a hedge generally recognised as a hedge, local authorities should take into account a number of criteria in their assessment. The following criteria can help determine if trees and shrubs constitute a hedge. These criteria are not tests and should be considered as elements that may be useful to local authorities in making a decision, but not every coverage is expected to meet these criteria. Mixed hedgerows, which contain certain species of hardwoods, are also covered by the law if the deciduous trees are found in a predominantly evergreen hedge. Subsidence can be caused by the roots of a hedge absorbing moisture from shrinking soils. The law explicitly states that councils cannot deal with problems caused by roots.
62. These guidelines do not set limits for lighting levels and local authorities are free to measure light intensity by any method they deem appropriate and adapted to their needs. An example of a method for measuring lighting level is the Guidelines for Hedge Height and Light Loss (March 2004)[21], developed by the Building Research Establishment (BRE). These guidelines have been developed to assist local authorities in England and Wales in making decisions under the Anti-Social Behaviour Act 2003. However, the methodology set out in these 2004 guidelines was designed to apply only to evergreen hedgerows near the border, whereas the High Hedgerows (Scotland) Act 2013 covers all types of hedges, including those at some distance from the border, so this method cannot be applied in all cases. Whichever method the municipality chooses to make its final decision on whether a hedge is an obstacle to light, it must take into account the circumstances of each case. What responsibility do I have with wildlife and hedgerows? The Wild Fauna and Flora Act 1981 applies, which makes it a criminal offence to damage or destroy the nest of a wild bird during its use or construction. See our page on hedge cutting. The council can use the advice of the government to decide what might be the best height for the hedge. Find out what to do this month with our 29 gardening calendar. Local authorities should check whether circumstances have changed before rejecting an application as frivolous or vexatious.
If the municipality rejects an initial application, but the situation subsequently changes, for example: Since the applicant has expanded their home or modifications have been made to the high hedge, the applicant has the right to reapply for high coverage and report the change in circumstances. 20. It should be recalled that, while mediation can be an effective means of resolving disputes, cases can also be heard without mediation. It is possible to submit an application demonstrating that the applicant has endeavoured to resolve the issue of high protection amicably without resorting to mediation. The local authority will decide whether the evidence it provides proves that it has made reasonable efforts to resolve the dispute. If the person who owns the guarantee refuses to participate in the mediation, this could be used as evidence that the claimant has made a reasonable attempt to resolve the matter, although the local authority should consider the cost and availability of mediation when deciding whether it is a truly reasonable attempt. If you can answer “yes” to all of these questions, the Commission will likely consider this to be a high level of protection within the meaning of the law. 43.
In order for trees or shrubs to be considered as a high hedge, they must first be a hedge. A hedge is defined by the Oxford English Dictionary as follows: 48. If the trees form a boundary between the parcels, the municipality must check if the trees form a hedge. If the trees do not form a hedge, the law cannot be enforced. It is accepted that several trees can have an effect similar to a high hedge. However, trees must first be considered as a hedge, which falls within the scope of the law. 53. Well-distributed rows of trees can also be managed on a regular basis. This is often achieved by pollinating trees or reducing the size of the treetops. Pollination and crown reduction are recognized techniques for tree management and often result in a significant reduction in the crown of trees. Pollination and crown reduction are not considered a method of protection.
Therefore, it is unlikely that a number of well-spaced pollinated trees or trees with crown reduction will be considered hedgerows. Therefore, trees managed in this way are unlikely to fall under the law. If a border hedge belongs to my neighbour, do I have to return the hedges on my side to my neighbour? Yes. The same principles apply as for the return of overhanging branches. In practice, there is usually an unofficial agreement between neighbors, but it may be worth it if you have recently moved. “A series of shrubs or small trees planted very close to each other, especially at the edge of a garden, field or road” Does the height of this hedge interfere with the proper enjoyment of a house you own or live in and/or its garden or yard? The current legislation on high safeguards falls under section 8 of the Anti-Social Behaviour Act (2003). This allows councils to take action if the hedge has reached such a height that it interferes with the fair enjoyment of their property by the plaintiffs. See below for the full document. The council may ask your neighbour to take steps to prevent hedge-related problems from happening again. This could include keeping the hedge at its new height while it is there. The corrective notice issued by the Council indicates what needs to be done.
