High hedge remedial notices and how to appeal one
Appeals against a high hedge remedial notice go to the Secretary of State within 28 days and suspend the notice. The test is whether hedge height harms reasonable enjoyment of a home.
A high hedge remedial notice is served by the council under Part 8 of the Anti-social Behaviour Act 2003, and anyone affected has 28 days from the date of the notice to appeal to the Secretary of State. In England that appeal is decided by an inspector appointed on the Secretary of State's behalf, not through the planning appeal system, and the notice is suspended while the appeal runs. Get the date on the notice and count forward carefully, because the deadline is the one thing an inspector cannot extend.
The regime is narrow. It applies only to a line of two or more evergreen or semi-evergreen trees or shrubs, more than 2 metres above ground level, forming a barrier to light or access to domestic property. A single leyland cypress, however tall, is outside it. So is a deciduous beech hedge, and so is any hedge affecting commercial premises rather than a home.
What a remedial notice can require
The notice identifies the hedge, states what the council has decided about its effect on the complainant's reasonable enjoyment of their property, and specifies the initial action and any preventative action required. It gives a compliance period for the initial action, and the preventative action then continues indefinitely while the hedge remains.
Two limits sit in the Act and both matter. A remedial notice cannot require the removal of the hedge, and it cannot require reduction of its height to less than 2 metres. Councils sometimes receive complaints asking for a hedge to be taken out altogether, and that outcome is simply not available under Part 8.
In practice a notice reads as a height specification with a date. Reduce to 2.5 metres by a stated day, then maintain at that height. The preventative action is where long-running disputes are actually settled.
Who may appeal and within what period
Either side can appeal. The complainant may appeal against a notice that does too little or against a refusal to issue one. Every owner and every occupier of the land where the hedge grows may appeal against a notice that has been issued, which means a landlord and a tenant can each lodge their own case.
The period is 28 days beginning with the date of the notice. Lodge the appeal on the Secretary of State's form, with a copy of the notice, and keep proof of posting or submission.
An appeal suspends the operation of the notice until it is determined or withdrawn. That is a meaningful protection for a hedge owner facing a cut in the middle of the breeding bird season, which runs from March to August and brings the Wildlife and Countryside Act 1981 offence of damaging an active nest into play.
The test the appointed person applies
The inspector reconsiders the matter afresh rather than reviewing the council's reasoning for error. The statutory question is whether the height of the hedge is adversely affecting the complainant's reasonable enjoyment of their domestic property, and if so what action is appropriate and reasonable.
That phrase does the work. Reasonable enjoyment is not the same as a right to light in the civil sense, and it is not a right to an unobstructed view. The inspector weighs the loss of light and amenity against the contribution the hedge makes to the hedge owner's privacy, screening, shelter and the character of the area.
Site visits are normal, and the inspector will look at the geometry: the height of the hedge, the distance to the affected windows and garden, the orientation, and whether other structures or trees are the real cause.
Evidence of loss of light and reasonable enjoyment
The material that persuades is specific and dated.
- Measured heights of the hedge at intervals along its length, with the method stated
- The distance from the hedge to the affected windows and to the usable garden
- Photographs taken on dated occasions through the year, including midwinter when the sun is lowest
- A plan showing orientation, so the inspector can see which elevations lose morning or afternoon light
- Records of the attempts made to settle the matter before the complaint, which the council must consider
Government guidance on complaining to the council sets out a standard approach to assessing hedge height against the affected property. Use it. An appeal built on measurements and a sun path is far stronger than one built on how the hedge makes the household feel, however genuine that feeling is.
The reading of an inspector's decision letter follows the same discipline as any other planning decision, and the structure is similar enough that the guide to how to read a planning appeal decision letter applies.
Variation rather than quashing
Most successful appeals end in variation. The inspector can allow or dismiss the appeal, and can quash or vary the notice, including correcting the description of the hedge or the required action where no injustice results.
| Outcome | Effect |
|---|---|
| Appeal dismissed | Notice stands, with a fresh compliance period set by the inspector |
| Notice varied | Height, works or timing changed, notice otherwise effective |
| Notice quashed | No obligation arises, though a further complaint is not barred |
| Refusal appeal allowed | Inspector may issue a notice in the council's place |
Aim at the realistic outcome. A hedge owner arguing that nothing at all should be required often does worse than one who concedes a reduction to a workable height and argues about the maintenance regime and the season for the work.
Offences for non compliance
Failure to comply with a remedial notice once it has effect is a criminal offence, prosecuted by the council in the magistrates' court. Beyond prosecution the council can enter the land, carry out the required work and recover its costs from the person who should have done it.
Both routes depend on the notice being in force, which is why the suspension during an appeal matters so much. A notice is also a local land charge, so it surfaces on searches and follows the land to the next owner. Buyers of a property with a tall boundary hedge should ask the question directly.
Where the complaint route is the wrong one
Part 8 is not the answer to several problems it gets used for.
Overhanging branches and encroaching roots are a private nuisance matter at common law, with a right to abate by cutting back to the boundary and offering the material back. Roots damaging a drain or a wall are a civil claim. A hedge blocking a right of way is an obstruction question for the highway authority or the landowner. Loss of light to a window with twenty years of enjoyment may be an easement of light, which is civil litigation rather than council action.
Tree protection runs separately and overrides nothing. Where the hedge contains a tree subject to a Tree Preservation Order, or sits in a conservation area, consent or a six-week notice is needed before work, and a remedial notice does not remove that requirement. The council should flag it, though it is worth checking the designation yourself on the authority's map. Where tree work has to be justified on arboricultural grounds, a survey to BS 5837:2012 is the recognised format, and the tree survey page explains what one contains.
The same separation applies to advertisement and other notice regimes, each with its own appeal route and clock. The note on appealing an advertisement discontinuance notice shows how different those timetables can be.
This is general guidance, not legal advice; check the position with your local planning authority or a qualified professional before relying on it. If a planning application follows, PlanScope can draft the supporting documents from your site details. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval.
Frequently asked questions
How long do I have to appeal a high hedge remedial notice?
Twenty-eight days beginning with the date of the notice. The appeal goes to the Secretary of State on the published form and is decided by an appointed inspector. Lodging it suspends the notice until the appeal is determined or withdrawn. The deadline is statutory, so late appeals are not accepted however good the underlying case may be.
Can a council order a hedge to be removed?
No. Part 8 of the Anti-social Behaviour Act 2003 prevents a remedial notice requiring removal of the hedge or reduction of its height below 2 metres. A notice can require reduction to a stated height above 2 metres and continuing maintenance at that height, which is the usual form it takes.
Which hedges does the high hedge regime cover?
A line of two or more evergreen or semi-evergreen trees or shrubs, more than 2 metres above ground level, that forms a barrier to light or access to a domestic property. Single trees are excluded, deciduous hedges are excluded, and complaints about commercial premises fall outside the regime entirely.
What happens if I ignore a remedial notice?
Once the notice has effect, failing to comply is a criminal offence that the council can prosecute in the magistrates' court. The council can also carry out the work itself and recover the cost. The notice is registered as a local land charge, so it appears on searches and binds later owners of the land.
Does a Tree Preservation Order override a remedial notice?
The two regimes run in parallel. Where a protected tree forms part of the hedge, or the hedge is in a conservation area, you still need consent or must give the required notice before carrying out work. Check the designation on the council's map before cutting, because a remedial notice is no defence to a tree offence.
Sources and further reading
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.