Legislation Limits
Legislation often has limits, we'll try and list some of the restraints of the current law (Anti-social Behaviour Act 2003, Part 8).
Q: Is bamboo covered by the current legislation?
A: Bamboo is unfortunately not covered by the current law, in fact it's classed as 'grass'.
Q: Is Ivy an 'evergreen'?
A: Often Ivy is evergreen, but as it's a climbing plant it will also need support to allow it to grow to a height. Any resulting height problems that are related to the ivy are not because of the ivy, but the 'structure' on which it is climbing up. Therefore the view is held that ivy is not covered under the current legislation.
Q: What is a semi-evergreen when it's mentioned in the legislation?
A: Hedges that retain any live foliage throughout the course of a year are considered to be 'semi-evergreen'.
The Anti-Social Behaviour Act of 2003, Part 8, was never devised to give the answers to all tree nuisance and problems with hedges.
Q: I've got a problem with a high hedge that affects a caravan, can a complaint be made?
A: Whether or not a caravan is given the classification of 'domestic property' is very much open to legal interpretation when it's looked at under the provisions of the Anti-Social Behaviour Act, 2003. A current government view of this says that where caravans are occupied on a permanent basis these would be able to utilise the process of complaints via the 2003 act.
For example, if a caravan was permanently located on a park home site. If your caravan is being used for the purposes of a holiday and it's only being used for part of a year, it is much more likely to be tricky to show that a high hedge problem has 'adversely affected the reasonable enjoyment of a caravan'.
Q: My neighbour's hedge is made of beech, can I complain about this?
A: Unfortunately, no. Hornbeam and Beech are hedges that may retain foliage of various amount for most times of the year, but it's dead and therefore brown.
Q: Plants and deciduous trees can cause light to be blocked and often the cause of other problems. It's unfair and bizarre to exclude these?
A: The Anti-Social Behaviour Act of 2003, Part 8, was never devised to give the answers to all tree nuisance and problems with hedges. It was also not created to give people any general rights to views or light which is uninterrupted. The government states that it is unlikely that the law will be extended to encompass and manage other types of hedge or tree problems in the foreseeable future.
Advice before a complaint is made
Before you complain, read our advice first!
Q: Can my council give me any advice if I have a potential complaint about a high hedge? Can they also advise me if I am a high hedge owner?
A: Your local authority or council should be able to provide information which is factual. They can tell you what a 'high hedge' actually constitutes or if you have a complaint how that will be escalated and dealt with. When councils feel that a mediation or negotiation service between the disputing parties would be beneficial, other organisations (e.g. mediation services) can be asked to become involved.
Of most importance where local community mediation services do become involved, it's vital that negotiations are conducted by individuals or groups different to those who will have any involvement in deciding outcomes from a formal complaint. This is so the council is always shown to be totally impartial and fair to all concerned.
Q: Help, I haven't got a local mediation service! What do I do?
A: You don't have to go through any mediation process or service before you can make a complaint to your local authority or council. The recommendation that mediation is used is because it's often a good way to try and settle a neighbour dispute.
However, if you haven't got a mediation service in your area or community, then it would be unreasonable for you to be expected to try one first. Be prepared though to attempt to use other methods and ways first with your neighbour to try and resolve the high hedge problem.
Remember, your council will need recent evidence of this first!
...local authority will need to carefully balance a complaint to try and establish if a hedge is 'adversely affecting' an enjoyment which is 'reasonable'.
Q: If I am going to make a complaint about a high hedge, what kind of evidence will my council need of my attempts to resolve the problem with my neighbour first?
A: Depending on how well you get on with your neighbours and how positive the relationship is, this will vary! Make sure you keep accurate copies and records of everything you've done to try and resolve the high hedge problem with your neighbour.
For example, you may have letter copies or diary entries or nuisance record sheets, etc. All this evidence can be shown to the council, but bare in mind it may not be sufficient evidence alone to evidence that your neighbour(s) are unapproachable.
Q: How can I tell if my complaint might be a success?
A: Your local authority will need to carefully balance a complaint to try and establish if a hedge is 'adversely affecting' an enjoyment which is 'reasonable' within the complainant's property. Therefore because of the unique case of each complaint it is not terribly easy to predict or guess an outcome.
When making a complaint or a potential one, it's important that you consider all the strengths and weaknesses of your particular case.