High hedge act

[Andymacp]

Can a Council order a neighbour in a dispute to remove the hedge or recommend works that would have a detrimental effect ?

 

Some guidances say yes some don’t mention it.

 

Is this a grey area or does anyone know the facts one way or another.

 

Cheers

[Stephen Blair]

From my understanding if all other routes have been exhausted.

Each party pays a few hundred quid to the council and they bring in an expert, what he says goes.

Interested to hear info on this too.

 

[Gary Prentice]

From memory, the LA can’t specify below 2m in finished height or to a higher height that would likely result in its loss.

[Andymacp]

From memory, the LA can’t specify below 2m in finished height or to a higher height that would likely result in its loss.

Do you have any reference to back that up ?
Problem I have is if you have a massive WRC trees/hedge which would likely kill it if you reduced it below 2m and if you can’t recommend removal you have no where to go.
I recommended staged reduction over many year assessing regrowth and vogue as you go, but we’re getting bogged down in solicitors.

This is what I referenced : sect 24 applies

https://www.gov.uk/government/publications/high-hedges-complaining-to-the-council/high-hedges-complaining-to-the-council

[Bloom]

Did one of these last year. It was really a row of trees that the neighbour had managed to get called a hedge. Council was called in and they said 18m down to 6m. There was an option to do it 18m to 12m then to 6m, but the customer didn't want to pay twice. I think I recall that 6m was the maximum height allowed for a hedge (unless both sides agree to higher), but I may be wrong on that.

 

There should be supporting documentation from the council saying exactly what is to be done. 

[Gary Prentice]

Andy,

 

Hopefully jules/Daltontrees will be along as he makes a living from this and is on the ball with the legislation. Our LA has never undertaken a case and I haven't been involved in one.

 

I'm not sure where or what literature or guidance I've read, but I'm fairly confident that the underlying principle is that the owner cannot be deprived of the hedge - hence the minimum heights/higher heights if calculated heights would lead to loss.

 

I don't know what you already know, so if I'm teaching grandmother to suck eggs - I apologise.

 

The actionable height, i.e, the height that the LA tell the owner to reduce and maintain to is derived by calculation. The inputs for the calculation are derived from a number of things; orientation of hedge in relation to complainants property, whether habitable rooms are affected (bathrooms don't count), distance of hedge from property etc.

 

Using these inputs a figure emerges to determine the actionable height. As I said, I don't think that it can be below 2 m. If it's higher, but in the arb officers opinion,a height that would lead to the death of the trees - then the arb officer may determine a height higher than the calculated actionable height.

 

I will have something official to back this up (and I think my memory is correct in the above), but if someone (Jules) doesn't provide a definitive answer I'll find the information I've got at home and post it up. 

[Gary Prentice]

1 hour ago, Andymacp said:

WRC trees/hedge which would likely kill it if you reduced it below 2m

Have you misread the legislation Andy?

 

24. Can the council order my neighbour to remove the hedge?

The council cannot order your neighbour to:

• remove the hedge
• take any action that could result in the hedge’s death or destruction
• trim the hedge to a height less than 2 metres above ground level

 

[daltontrees]

What country are you in? There is more than one answer.

[Andymacp]

Scotland

[Andymacp]

Have you misread the legislation Andy?
 
24. Can the council order my neighbour to remove the hedge?
The council cannot order your neighbour to:

• remove the hedge
• take any action that could result in the hedge’s death or destruction
• trim the hedge to a height less than 2 metres above ground level

 

In what regard ?