The District Council has powers to deal with complaints about high hedges, but only if all other attempts to resolve the situation have failed. A high hedge is defined as "a line of two or more evergreen, or semi-evergreen, trees or shrubs which are two or more metres high and which, because they are too tall, cause problems like blocking light".
The new legislation, which is part of the Anti-Social Behaviour Act 2003, covers complaints by an owner or occupier that the reasonable enjoyment of their property is spoilt by a high hedge on another person's land, on the grounds that the hedge is too tall.
The legislation, does not give the Council power to order a hedge to be cut back to a height below two metres or in a manner which result in its death or destruction. Also the Council cannot deal with matters relating to root encroachment or subsidence.
The Council can refuse to intervene on high hedge complaints if it is not satisfied the person making the complaint has done everything reasonable to settle the dispute. The Council will require written proof that attempts to negotiate with any neighbour have failed and that mediation has been tried, but has not succeeded. For assistance the local East Surrey Community Mediation Service can be contacted on 01737 248559 or e-mail Mediation
The Council can make a charge to cover the cost of what could be a lengthy investigation. This is currently £500 (£250 for those in receipt of certain benefits).
The Council's powers to intervene in certain hedge disputes is very much a last resort. The onus remains with householders to settle any such disputes between themselves or by mediation if possible.
Useful leaflets
The following leaflets are available from the Department for Communities and Local Government (DCLG) website, or from the Council on 01883 732869.
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