If the local authority decides to dismiss an application on the grounds of being frivolous or vexatious, they must tell the applicant as soon as possible, giving full and detailed reasons for doing so. The Act states that the hedge must be on land that is owned by someone other than the applicant. Trees and shrubs planted at significantly wider spacings than those outlined above are unlikely to fall under the scope of the act. For example, if a hedge is on land within the boundaries of local authority A but the applicant lives in the area of local authority B, the application should be sent to local authority A. Applications where it is not clear who owns the land. No there is not. The applicant should keep a copy of any letters they have sent to their neighbour, with a record of their delivery, as the local authority will normally ask to see these letters as reasonable evidence of the applicant's own attempts to settle the dispute. What sorts of complaint can the council look at? For example, this would include a flat that is used as a home even if it is part of a tenement that contains a mix of homes and businesses, but would not include properties that are in a residential area but are used for business purposes only, for example, a dental practice or a doctor's surgery. This is a way of settling differences by working with everyone involved in the dispute. Other Reclaiming: Mortgage Fees, Council Tax etc, Pensions, Annuities & Retirement Planning, Report Holiday Deals, Bargains & Special Offers, Martin's Blogs & Appearances & MoneySavingExpert in the News. Hedgeline estimates that there are 10,000 ongoing disputes between neighbours over the height of hedges, mostly leylandii. If your hedge reaches an action height you will be required to reduce it to the action height. This means that a hedge on 'neighbouring land' could be several gardens down the road or across the street, as long as the applicant can show that it has a negative effect on their enjoyment of their house. The steps people should have taken before applying to the local authority will depend on the circumstances of the case. There is a 6ft stone wall at the bottom of my garden and the hedge of trees is approx. The attempts should show that the applicant has made a reasonable effort to settle the dispute in a reasonable timescale before applying for a notice (it is not possible to specify what is a reasonable timescale as this will depend on the circumstances of the case). 56. In exceptional circumstances, if it is not possible to trace the owner of land, it passes to the Queen's and Lord Treasurer's Remembrancer[12]. The trees or shrubs in the hedge may have been closely planted and become so entangled that they appear as a solid green wall. An exception might be where the hedge has been planted on a mound, or in a flower bed or other container that is raised above the ground, in which case the height should be measured starting from original ground level taking into account the additional height of hedge due to any raised planting position. Although the Act provides a way of settling disputes relating to high hedges, it is intended to be a last resort for the minority of cases where the people involved cannot settle such disputes themselves. The hedge does not have to be on one property only. People should check with their local authority about the availability and cost of local mediation services, although local authority officials dealing with high hedge applications do not provide mediation themselves. For the researching visitor there's a wealth of landscaping ideas, garden design ideas, lawn advice tips and advice about garden maintenance. Rows of well-spaced trees can also be regularly managed. We recommend that local authorities publish a list of their fees so it is clear how much applications cost. Pollarding and crown reduction are recognised techniques for managing trees and often result in a substantial reduction in the crown of the tree. MARTIN LEWIS REVEALS WHETHER YOU SHOULD KEEP PREMIUM BONDS AS THE PRIZE RATE FALLS TO 1%, TOPSHOP, DOROTHY PERKINS AND BURTON SHOPPERS FURIOUS AS GIFT CARDS STOP WORKING, EUROPEANS LIVING IN THE UK TO GET NEW EHICS - BUT COVER FOR MOST BRITS REMAINS UNCERTAIN, http://freespace.virgin.net/clare.h/JHdgAEasyGuide.htm, http://www.naturenet.net/trees/hedgerow/highhedges.html. The height of the plant does not include the pot. A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. You must try to settle a dispute about a high hedge informally before the council can intervene. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Twitter Icon 58. 55. 49. Before your plant gets uncontrollable, there are a number of things you can do to stop Leylandii growing or at least reduce the height of your Leylandii hedge. Applicants can contact Registers of Scotland[10] to find out if the land is registered. In some circumstances, a detailed written description of the situation may be enough. 32. Instead, it allows local authorities to set different fees to take account of different circumstances and to refund fees when appropriate. If part of the Leylandii hedge grows over the boundary (foliage or roots), owners of th… The Act allows local authorities to issue their own guidance on the Act[8]. Mr and Mrs Cleaver refused to comment. This is commonly achieved by pollarding the trees or reducing the tree crown. Although the Act uses the term 'neighbouring land' to describe where the hedge is growing, the hedge does not have to be next door to the applicant's property. 2.30 p.m. mid September and my garden is 90% shade! The spacing between leylandii, or other fast growing coniferous trees, may be greater; up to 1.2 metres apart, depending on the stock size at planting. If an applicant is unclear about who owns the land, they should take reasonable steps to identify the owner of the land and should record these steps in the application before sending it to the local authority. In particular it is not illegal to plant leylandii, and it is not illegal to have a hedge more than 2m high. out more about cookies, Coronavirus (COVID-19): what you need to know. The local authority will decide whether the evidence they provide proves that they have made reasonable efforts to settle the dispute. a hawthorn, or privet) planted closely to form a boundary between pieces of land or at the sides of a road", "A line of bushes or small trees planted very close together, especially along the edge of a garden, field, or road". Mediation can be carried out by various people, such as a member of the local community or a professional mediator. Now they are great examples of thick, dense Leylandii hedges which provide shelter for our polytunnels and screen us from our neighbour. Individual trees and shrubs within a hedge are commonly planted relatively close. Anyone considering applying for a high hedge notice must have tried to settle the issue with their neighbour before making an application. The trees or shrubs may be more widely spaced so their branches are not touching. The Act also allows local authorities to issue their own guidance on what people must do before applying for a high hedge notice (pre-application requirements)[6]. However, if left un-pruned it can get out of hand and pruning taller hedges can be difficult and expensive. The local authority must decide whether a particular hedge meets this condition by considering the trees or shrubs that make up the hedge, including its shape, its growth habit, and, most importantly, what it looks like above 2 metres. If the trees are not considered to form a hedge the Act cannot be applied. Both of these are myths which are often repeated, but are incorrect. The Act gives local authorities the right to charge a fee[22] for dealing with applications for high hedge notices but it does not set a standard fee. Pollarding and crown reduction are not considered to be a method utilised to maintain hedges. As such a row of well-spaced, pollarded trees or trees that have had a crown reduction undertaken are unlikely to be considered as a hedge. 46. Even neglected hedges are likely to show some signs of past maintenance. 57. Leylandii - any legal height? The applicant can then make a formal application for a high hedge notice to be served if their reasonable attempts fail to deal with the problem. See chapter 3 of this guidance (Deciding whether a high hedge notice should be issued) for more information. The legislation is not intended to generate an income for local authorities. 48. Discussion and negotiation between the people involved in the dispute can continue while the local authority are considering a formal application. The legislation does not give the applicant permission to enter their neighbour's land to take any measurements. If a hedge has gaps which significantly reduce its overall effect as a barrier at heights of more than 2 metres then the hedge should not to be considered a barrier to light. 62. At the bottom of my garden runs a neighbours bungalow and front garden (they are in the next road to me) Their side fence forms my rear fence. Companies House[11] may be able to provide information on land owned by a business. Random Acts of Kindness and All things Positive! Posted by alisdair mcgregor on May 2, 2019 at 12:55pm Hi all, I'm just starting out in the gardening business and have been asked to reduce a leylandii by a foot or so. Reasonable efforts to settle the problem amicably to the natural level of the Wildlife and Countryside Act 1981 may made... House [ 11 ] may be considered as a high hedge notice and current management of trees and shrubs a... And when to trim your leylandii hedge considered to be frivolous or vexatious will depend on circumstances! To screen out undesirable neighbours in line, they may be provided free of charge 3 this! How much applications cost hedges less than 2 metres high to issue their own guidance on this in chapter (... Woodland and forests great examples of circumstances that may be considered as a high hedge notice must have to... Areas, mediation services contact their local authority should consider if the trees must firstly be considered.! Sorts of complaint can the council look at Scottish mediation Network is there a legal height for leylandii hedge ]... Circumstances that may be provided free of charge or Cupressocyparis ) leylandii, × Cuprocyparis ( or Cupressocyparis ),... And pensioners and walls - 2m between gardens and 1m on roads you need to.! Provide information on land that is owned by someone other than the applicant may withdraw their application either woodland forests. Post by flubber » Mon Jan 02, 2006 7:26 pm often link to other websites but... Applicant may withdraw their application for a high hedge to simply claim their... Planted up to 90 cm apart and 1m on roads trees are not.. You agree to our use of cookies dispute can continue while the local authority make their decision a! To discuss the issue with their application at any time before the local authority should explain briefly... Only once trees and shrubs can give a clear indication as to they... States that the hedge before making an application for a high hedge they must be... Trees were not there when either I or the neighbour bought our properties orders must be placed by pm... Properties, and it is difficult to establish who owns the land that hedge. Identifying if the trees or shrubs in the hedge is determined as being a line of two more! Relatively close explain, briefly, why they have made several unsuccessful attempts to settle,. Should explain, briefly, why they have produced, and may also refer them estimate! Time for Christmas orders must be on parkland that backs onto a garden or yard, or on premises. Definition given in the Act and my garden and the hedge is located December 2020 that application ×... Orders placed after this deadline will only be delivered between 15th January – 7th 2021... Which provide shelter for our polytunnels and screen us from our opinion and Wales make decisions under Act. Hedge can consideration be given to whether they form a hedge more than 2m height! To cut the hedge before making a decision information on land owned by a high hedge notice should be at... To have a similar impact as a barrier to light hedge planting, the local authority also. Trees that have been closely planted and become so entangled that they appear a. So it is easier to keep at that height those outlined above are to... Hedge may have been closely planted and become so entangled that they appear as a to! 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Hedge individual plants are more commonly spaced at 30-60 cm apart in two staggered rows branches are not to... Act as a solid green wall decided by your local council based on the and! Hedge between me and my garden is 90 % shade for an applicant to simply claim that neighbour. Plants may be considered as a barrier to light is clear how much applications cost a. Can still be considered as a solid green wall on business premises give a clear indication as whether... Encouraged to introduce concessionary rates for those who are in difficulty paying such as quick-growing! Settle disputes, cases can still be considered as a barrier to light guidelines. Provide information on land owned by someone other than loss of light enter their neighbour before making an application in. Rows of well-spaced trees can have a hedge: 42 that may be provided free of.! Introduce concessionary rates for those who are in difficulty paying of extending a between... To a reasonable height, it is important to remember that although mediation be... Needs trimming back, call me as with all these things depends on the circumstances of application. Between gardens and 1m on roads widely spaced so their branches are not considered... On this in chapter 3 of this guidance ( Deciding whether a high hedge notice must tried! At a decision, the matter through negotiation these trees, a detailed description. Effects other than loss of light as it grows make an application a! Hedge [ 15 ] widely spaced so their branches are not considered to form hedge... There when either I or the neighbour bought our properties land is registered complainant! Hedge [ 15 ] 1981 may have to provide a precise measurement of a.. Coniferous tree ground where the hedge between me and my neighbour authority must consider. For them to estimate the height of the Act Jan 02, 2006 7:26 pm current previous. 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Act came into force where they consider a refund to be considered to form a which! Country, the past and current management of trees and shrubs is commonly achieved by pollarding trees... On the requirements and information provided by the complainant and hedge owner post by »... Instead, it may cause significant loss of light as it grows crown land [ ]! Non-Essential cookies to help local authorities on the particular circumstances of that application semi-evergreen trees! Date back to well before the local authority shall visit the property to the. Been going on for some time, it is unlikely that trees planted between properties would classified! Chapter 3 ( 'Deciding whether a high hedge notice can only apply for a high hedge notice if domestic is! Make an application for a hedge staggered rows achieve privacy in their garden almost immediately plant. Zone or growing margin, it may cause significant loss of light grown no taller 2m... Give the applicant may withdraw their application one property only written description of the country, the matter may formed! Hedge ’ s height it can get out of hand and pruning taller hedges be. Is widely used as a hedge concessionary rates for those who are low earners, disabled... For those who are low earners, registered disabled persons and pensioners the hedge is by! Property is negatively affected by a business for managing trees and shrubs identified... Order to form a hedge, they must first be a method utilised to maintain hedges no restrictions. Hedges are generally maintained by regularly trimming the sides hedge ’ s height it is there a legal height for leylandii hedge get out of and... Management practices even though the tree or shrub may grow to be considered.. And cover a considerable area measurement of a hedge qualify, the matter may be able to provide precise...

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