Remedial Works
Works that are remedial
Q: When the council serves a remedial notice, who do they serve it on?
A: It is not served on any one particular individual as it is connected with the land where the hedge is situated and therefore applies to all future owners & property occupiers. Notices are therefore registered as local land charges and then future potential buyers of the relevant property can be aware of any obligation they will be accepting.
Q: Can councils only ask hedge heights be lowered?
A: No. Councils can make an order to incorporate any works to the hedge that they feel is required to solve the problems it has been giving and to also prevent these from happening again in future. Reducing height is one route, other possibilities include crown thinning or lifting, keeping certain trees and phased works.
Q: Can a remedial notice be given that solely will include an action which is preventative with a high hedge?
A: Remedial notices can only be given when a Council have reached the decision that a hedge height is negatively affecting a complainant's 'reasonable enjoyment' of their own property. This details needed requirements/action to be taken in direct relation to hedge problems which have been identified in its own unique case & may detail action which is a preventative measure to stop recurring future problems.
Where council's decide a hedge is not having an affect which is adverse, they will have no authority to insist and hedge works at all (e.g. they cannot issue a notice to detail that the owner of the hedge mustn't allow their hedge to grown over certain heights in the future to avoid any possible problems). Your neighbour may reduce the height of their hedge, after many years of a neighbour dispute, just before the council visits them!
Q: How much can a hedge be reduced before it is killed?
A: Local Government guidance advises councils to not order remedial works that can kill a hedge. How much can be removed depends on the age, health and species of the hedge. Councils may suggest the hedge is gradually reduced over the forthcoming seasons.
Q: If the remedial works then make a hedge look silly but not kill it, then what?!
A: Unfortunately this will be the case, unless the hedge in question can make a positive & important contribution to wider amenities.
Q: What can a council actually do, if removing a hedge is the preferred solution?
A: Hedge owners may go further than any remedial notice requires and remove hedges entirely if they wish - it's up to them.
...(a remedial notice) is not served on any one particular individual as it is connected with the land where the hedge is situated and therefore applies to all future owners.
Q: A remedial notice has been issued - can it detail that any work to be carried out is of a certain standards?
A: No - Council's can't use such conditions and attach them to the notice, therefore this can't be actually enforced.
Q: I can't afford to pay for the work or do it myself, are there any grants available to help pay?
A: Unfortunately there are no grants of a general nature available. Associated expenses must be taken into account and accepted as part of the formal expense of maintaining a property.
Q: If the Council owns the hedge, can it issue a remedial notice against itself?
A: Yes! But, Councils would be unable to use any enforcement action against themselves but other third-parties may seek to enforce such notices.
Enforcement
Information about Enforcement
Q: Can an ASBO (Anti-Social Behaviour Order) be served on a hedge owner?
A: No, it can't. A Council can't issue an ASBO on an individual for owning a high hedge.
Q: A remedial notice has been issued and a owner of the high hedge doesn't follow it as they can't afford the expense of the work required. Then what?
A: In these kinds of circumstances, a Council would consider if in the wider public interest it would be applicable to prosecute the owner of the hedge.
A Council can't issue an ASBO on an individual for owning a high hedge.
Q: When a council is unable to locate the owner/occupier of any land where a hedge is growing to enforce a remedial notice, what happens?
A: The Local Government (Miscellaneous Provisions) Act 1976, Section 16 details that Councils have the right to serve a notice on certain parties to acquire addresses and names of the land owners/occupiers. When this information is not provided or false details given, fines and subsequent prosecution may occur.
Q: To gain entry via a warrant to land where hedges are located, can such a warrant be sought?
A: No - within the Anti-Social Behaviour Act 2003 there is no power for a Council to obtain a warrant for entry to land or to enforce a remedial notice. Within Section 74 of the act, a Council can authorise its officers to enter land where a hedge resides in specific circumstances which is conditional on giving 24 hours notice of 'intended entry' and when exercising such powers after notice is given would take them alongside other people (e.g. the Police in exceptional circumstances).