High hedges complaints and the Anti-social Behaviour Act

A high hedge complaint to the council is made under Part 8 of the Anti-social Behaviour Act 2003, and it only works for a narrow category of hedge. The hedge has to be formed wholly or predominantly by a line of two or more evergreen or semi-evergreen trees or shrubs, it has to rise to more than two metres above ground level, and it has to act as a barrier to light or access. A single tree is outside the regime entirely, however tall. So is a deciduous beech or hornbeam hedge, because it is not evergreen.

The council is not there to referee a preference for a lower hedge. It decides whether the hedge adversely affects the reasonable enjoyment of a domestic property, and that is a higher bar than annoyance.

What counts as a high hedge

Four conditions have to be satisfied together.

It is a line of two or more trees or shrubs, so a single specimen, however large, cannot be dealt with under Part 8. It is wholly or predominantly evergreen or semi-evergreen. It rises to a height of more than two metres above ground level. And it acts, to some degree, as a barrier to light or access, which means gaps in the hedge are relevant to whether the regime applies at all.

The two metre threshold is measured from ground level at the base of the hedge, which on a sloping boundary is a genuine question rather than a formality.

Conifer hedges, particularly Leyland cypress, are the usual subject. Mixed hedges can qualify where the evergreen element predominates. A wall or fence with climbing plants is not a hedge.

Trees protected by a tree preservation order or standing in a conservation area can still be part of a high hedge, and the council will deal with the interaction when it decides what remedial action to require. That is one of the few points where this regime touches the tree protection rules covered by the penalties for damaging a protected tree.

Steps to take before complaining

The council must be satisfied that you have taken all reasonable steps to resolve the matter yourself, and it can refuse to proceed if you have not. This is not a formality, and complaints do get rejected at this stage.

Reasonable steps, in the order that works:

1. Speak to the hedge owner, and follow it up in writing so there is a record.
2. Set out specifically what you want, in metres, rather than asking for the hedge to be dealt with.
3. Offer to share the cost, which frequently unlocks an otherwise stuck conversation.
4. Try mediation, which many councils will point you towards and some fund.
5. Keep dated photographs, letters and replies throughout.

Where a hedge is on a boundary of shared ownership, the position is more complicated than most neighbours assume, and boundary trees and shared ownership is worth understanding before any correspondence starts.

The complaint fee and what the council does

Councils charge a fee for a high hedges complaint. The amount is set by each authority and varies widely, and some waive or reduce it in defined circumstances. The fee is normally payable up front and is not usually refunded if the complaint fails, so check the published figure and the refund policy for your authority before submitting.

Once a valid complaint is made, the council notifies the hedge owner, invites representations, and will normally inspect the site. It then decides whether the hedge is adversely affecting the complainant's reasonable enjoyment of their property, and if so, what action is needed to remedy that and to prevent it recurring.

The council is required to take into account all the relevant circumstances, including the interests of the hedge owner and the amenity value of the hedge in the area. It can decide that the hedge does not adversely affect reasonable enjoyment, and that decision ends the matter unless it is appealed.

How the action hedge height is assessed

Central government has published guidance for councils on assessing the effect of a high hedge on light, which sets out a method based on the height of the hedge, its distance from the affected windows or garden, and the orientation of the property. Authorities use it to arrive at an action hedge height: the height to which the hedge would need to be reduced to remedy the adverse effect.

Two consequences follow from how this works.

Distance matters as much as height. A four metre hedge 12 m from a window may produce no action at all, while the same hedge 3 m away is a different case entirely.

The result is a number, not an opinion. If the assessment produces an action height of 2.5 m, the notice will require reduction to 2.5 m, not to the two metres the complainant may have expected.

Remedial notices and what they require

Where the council decides action is needed, it issues a remedial notice on the hedge owner. The notice sets out the initial action required, with a compliance period, and any preventative action needed afterwards, such as maintaining the hedge at the stated height indefinitely.

Two hard limits apply. The notice cannot require the hedge to be reduced below two metres, and it cannot require the hedge to be removed. Those limits are in the Act, and no amount of argument moves them.

The notice is a local land charge, so it binds later owners of the property. Selling the house does not discharge it.

Where the hedge contains protected trees, the remedial notice itself provides the authority for the works it requires, so a separate consent is not needed for work the notice specifies. Work beyond what the notice requires is a different matter, and crown works councils will accept should be specified properly before any contractor starts.

Appeals against a notice

Either party can appeal to the Secretary of State, with appeals handled by the Planning Inspectorate. The complainant can appeal against a refusal to issue a notice. The hedge owner can appeal against the notice or against its terms.

The appeal has to be made within 28 days of the date of the council's decision or notice. Appeals are normally dealt with by written representations with a site visit. The inspector can uphold, quash or vary the notice, including changing the action height or the compliance period.

While an appeal is pending, the remedial notice is suspended, so the compliance period does not run.

Enforcement and offences

Failing to comply with a remedial notice without reasonable excuse is an offence, prosecuted in the magistrates court, and conviction carries a fine. The council can also carry out the required works itself and recover the costs from the hedge owner, entering the land for that purpose.

Councils vary in how quickly they enforce, and the practical answer for a complainant whose notice is being ignored is to keep dated photographic evidence of the hedge height and to press the authority in writing.

One realistic caveat. This process takes months, costs a fee, and produces a reduction rather than a removal. Where a neighbour is willing to talk at all, a shared contractor and a written agreement about future maintenance will usually get a better outcome sooner.

This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. If your project involves trees rather than a hedge dispute, enter your postcode on PlanScope to see which documents it is likely to need.