Trees and Arboriculture

High hedge complaints and the council's role

6 min readBy PlanScope Editorial Team

A council can order a neighbour to reduce an evergreen hedge, but only under Part 8 of the Anti-social Behaviour Act 2003, and only after you have tried to settle it yourself.

A council can order your neighbour to cut a hedge, but only within narrow limits. The power comes from Part 8 of the Anti-social Behaviour Act 2003, it applies to a line of two or more evergreen or semi-evergreen trees or shrubs more than two metres tall, and it is available only after you have tried to settle the matter yourself. A notice can require the hedge to be reduced and kept down. It cannot require it to go below two metres, and it cannot require removal.

Most complaints that fail do so because the hedge was never inside the definition.

What the high hedge regime covers

Four elements have to be present.

A line of vegetation. Two or more trees or shrubs, growing in a row. A single specimen tree is outside the regime no matter how large or how close.

Evergreen or semi-evergreen. Leyland cypress is the classic case, along with thuja, laurel and holly. A row of deciduous trees that loses its leaves each winter is generally outside the scheme, which surprises people whose lime or sycamore boundary blocks the sun from March to November.

More than two metres above ground level. Measured from the ground where the hedge grows, which matters on sloping sites.

A barrier to light or access. The hedge has to form a barrier, so a line of well-spaced trees with gaps between them may not qualify even where each is evergreen and tall.

Domestic property is the other limit. The complaint must relate to the enjoyment of a domestic property, so this is not a route for commercial premises.

The tests a complaint must satisfy

The council decides whether the height of the hedge is adversely affecting the reasonable enjoyment of your property. That is a judgement about the effect on the property, not about whether you dislike the hedge.

Officers weigh the loss of light to rooms and garden, the orientation and distance, the size of the garden, the character of the area and the amenity value of the hedge itself. Loss of a view is expressly not a ground. Neither is leaf fall, root damage, or the risk that the hedge might fall over, all of which sit in civil law rather than in this regime.

Evidence helps. Photographs taken at different times of year, a sketch showing the hedge height and the distance to your windows, and a note of which rooms are affected and when. Where light to habitable rooms is the core of the complaint, a technical assessment prepared on the principles used for a Daylight and Sunlight Assessment puts numbers against the effect, and an Overshadowing Study showing shadow paths across the garden through the year makes the seasonal pattern visible.

That level of evidence is not required. It is often what turns a marginal case.

Steps you must take before complaining

Councils will reject a complaint from someone who has not tried to resolve it. Build a short record.

  1. Speak to the hedge owner and follow up in writing, setting out the problem, the effect on your property and what you are asking for.
  2. Keep copies of everything you send and note the dates of any conversations.
  3. Allow a reasonable period for a response, and send a reminder if none arrives.
  4. Consider mediation, and record the offer even if it is declined.
  5. Only then approach the council, with the correspondence attached.

Be specific in the letter. A request to reduce the hedge to 2.5 metres and maintain it at that height is easier to respond to, and easier to show as reasonable later, than a general complaint about the hedge being too big.

The council's fee and its decision

Councils set and publish their own fee for a high hedge complaint, and the amounts differ considerably between authorities. Find the current figure on your council's website before starting, and check whether any reduction applies.

The fee is generally not refunded if the complaint is rejected, and complaints are rejected on the definition more often than on the merits.

Once a complaint is accepted, the council will notify the hedge owner, invite representations, and normally visit the site. It will then either issue a remedial notice or decide not to. A decision not to issue a notice is a decision, and it can be appealed.

The council is not acting as a mediator at this stage. It is deciding a statutory question, and its officers apply the same test whichever neighbour they happen to sympathise with.

Remedial notices and what they can require

A remedial notice identifies the hedge, states what the owner must do, and gives a compliance period. It can require initial work to reduce the height, and preventative work to keep the hedge at that height in future.

Two limits apply throughout. The notice cannot require the hedge to be reduced to less than two metres, and it cannot require removal of the hedge. So the realistic outcome of a successful complaint is a hedge maintained at a height somewhere above two metres, chosen by the council to remedy the adverse effect.

The notice runs with the land, binding future owners. Failure to comply is a criminal offence, and the council can enter the land, carry out the work and recover the cost.

Where the hedge is protected by a Tree Preservation Order or sits in a conservation area, the separate tree consent regime still applies, and the interaction has to be worked through before any cutting takes place. A tree survey recording species, height and condition is useful evidence in that situation, and the council's tree officer will normally be involved.

Appeals against a notice

Either party can appeal. The complainant appeals a refusal to issue a notice, the hedge owner appeals a notice that has been issued or its terms. In England appeals go to the Planning Inspectorate, and there is a deadline running from the council's decision. Check the current period before relying on it, because it is short and there is no discretion to extend it.

An inspector can uphold the notice, quash it, or vary what it requires. Appeals are decided on the papers in most cases, with a site visit.

Where the regime does not help

It is worth being clear about what is not covered, because time spent on the wrong route is time lost.

A single tree, however tall and however close. Deciduous hedges in most circumstances. Roots damaging drains or paving, which is a civil matter. Overhanging branches, which you may generally cut back to the boundary at your own cost, subject to any tree protection. Loss of a view. Hedges affecting commercial property. And boundary disputes, which are questions of title.

Where the problem is a hedge you own and want to keep, the practical answer is management rather than confrontation. Reducing an overgrown conifer boundary in stages, with replacement planting behind it set out in a simple Landscape Strategy, usually resolves the complaint before a council ever becomes involved.

An illustrative example: a 4.5 metre Leyland cypress boundary running along the south edge of a small rear garden, six metres from the back of a 1930s semi. That is squarely within the regime, and a notice requiring reduction to around 2.5 metres and annual maintenance at that height would be a typical outcome. A single mature oak in the same position would be outside it entirely.

This is general guidance, not legal advice. Check the position with your local council 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.

Frequently asked questions

What counts as a high hedge?

A line of two or more evergreen or semi-evergreen trees or shrubs, rising more than two metres above ground level, that forms a barrier to light or access. A single tree is not covered, however tall. A row of deciduous trees, such as limes or beech that drop their leaves, is generally outside the regime even where it blocks light entirely.

Do I have to try to sort it out first?

Yes. The council will ask what steps you have taken and will reject a complaint where you have not made a reasonable effort. Write to the hedge owner setting out the problem and what you would like done, keep a copy, and allow a sensible period for a reply. Mediation attempts also count, and evidence of them strengthens the complaint.

How much does a complaint cost?

Councils set their own fee and publish it, and the amounts vary widely between authorities. Check the figure on your council's website before you start. The fee is generally payable whatever the outcome, so it is worth being confident that the hedge falls inside the definition and that you have exhausted the informal route first.

What can the council actually order?

A remedial notice can require the hedge owner to reduce the height of the hedge and to keep it at that height, and to carry out other works to remedy the adverse effect. It cannot require the hedge to be reduced below two metres, and it cannot require removal. Failure to comply with a notice is a criminal offence.

Can either side appeal?

Yes. The complainant can appeal against a decision not to issue a notice, and the hedge owner can appeal against a notice that is issued. Appeals in England go to the Planning Inspectorate, and there is a deadline running from the date of the council's decision. Check the current period, because missing it ends the matter.

Sources and further reading

high hedgesneighbour disputeremedial noticetreeslight

This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.

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