With years of experience in tree and hedge management, The Tree Fella team provides expert guidance and professional services to help homeowners and businesses across the North East manage high hedges safely, legally, and effectively.
Find out more about your rights and responsibilities when it comes to managing high hedges in your outdoor space or when neighbouring properties’ hedges have become an issue.
Looking for a hedge trimming service in the North East managing unruly or high hedges? Get in touch with The Tree Fella team.
When is a hedge a problem?
Hedge complaints are legislatively considered when the owner/occupier (‘complainant’) of domestic property claims that their “reasonable enjoyment” of the property, or part of the property, is being negatively affected by a high hedge situated on land owned or occupied by another party (‘neighbour’).
This includes if the property isn’t currently occupied but it could be said that any prospective occupant’s enjoyment would be similarly affected. This covers cases like a landlord renting a property to a new tenant.
We’re not talking about roots here, at all. We’re talking about light, and access.
What constitutes a high hedge?
In UK legislation, a high hedge is defined as a barrier to light or access where
- the hedge – or the portion that is causing problems – made up of a line of two or more trees or shrubs
- it is mostly evergreen (e.g. Yew) or semi-evergreen (e.g. Privet)
- it is more than 2 metres above ground level;
- even though there are gaps in the foliage or between the trees, is the hedge still capable of obstructing light or views
The authority assessing a high hedge dispute may make a decision on the ‘barrier to light’ aspect using a government guidance document called Hedge height and light loss which was published in 2004 or the High hedges complaints: prevention and cure document published in 2005.
Hedge height and light loss was produced by the Building Research Establishment , and it provides an objective method for assessing whether high hedges block too much daylight and sunlight to adjoining properties, and provides guidance on hedge heights to alleviate these problems.ock too much daylight and sunlight to adjoining properties, and provides guidance on hedge heights to alleviate these problems.
When is a hedge a barrier to light?
Government guidance published in 2004 introduced a method of calculating the height at which a hedge forms a barrier to light, introducing the term action hedge height.
The action hedge height for loss of light to a garden uses the following process;
- find the effective depth of the garden (for a rectangular garden the effective depth is the distance between the hedge and the opposite end of the garden)
- multiply the effective depth by a factor (which will vary with the orientation of the hedge) to get the basic action hedge height
- make a further correction if the hedge is set back from the boundary
- correct for site slope if any.
The action hedge height for loss of light to windows varies depending on the position of the hedge in relation to the window. It only applies to main house windows, which include living rooms, dining rooms, kitchens and bedrooms. Conservatories aren’t included in this calculation; instead, the opening to the house would be used. The calculation considers the distance from the window to the hedge if the hedge is directly opposite or the distance the hedge is offset from the window if perpendicular to the building. There are also rules for angles and special cases in relation to floors above ground.
The lower height is taken, rounded up to 2 meters, and provides the ‘action hedge height’, a height at which growth above would likely be causing a significant loss of light.
It’s recommended to cut high hedges below this height, leaving a growing margin.
How do I make a complaint about a high hedge?
The process for a high hedges dispute is legislated in part 8 of the Anti-social Behaviour Act 2003 and is reinforced under the High Hedges Act England.
This legislation applies to the impact of a hedge on a domestic property, which includes the dwelling, and the garden or yard connected to the dwelling.
The legal authority (‘authority’) in high hedge disputes is the local authority in whose area the land is situated.
The complainant can raise a formal complaint to the authority. The authority may charge a fee to process the complaint, and this fee may be refunded if the complaint is not processed or is unsuccessful (this is less likely, as administrative work will have been undertaken).
The authority will first consider if the complainant has taken all reasonable steps to resolve the matter prior to raising the complaint. The law requires people to have taken reasonable measures to try to settle their hedge dispute for themselves before complaining to the local council. This will likely have included
- discussion between the complainant and the neighbour, and
- a written formal letter from the complainant to the neighbour.
Considering these points, the authority may proceed with the complaint process or require further steps if the evidence isn’t provided that all reasonable measures have been attempted.
If these steps are met, the authority may proceed with the complaint, considering whether the hedge height law UK deems the high hedge to adversely affect the complainant’s “reasonable enjoyment”.
What are the possible outcomes?
If the complaint is “successful” the authority will decide what action should be taken in order to remedy the effects of the hedge and/or prevent their reoccurrence. The authority will then issue a remedial notice to the neighbour.
If unsuccessful the authority will, as soon as practicable, notify the complainant as to their decision and reasoning.
What is a remedial notice?
Remedial notices are issued by the authority in the form of a local land charge and are legally binding on every person who owns or occupies that land.
A remedial notice would state:
- that complaint has been made and details of that complaint
- the authorities decision
- an operative date (date notice takes effect, at least 28 days after notice is issued)
- a compliance period (reasonable amount of time to carry out remedial work)
- the remedial action that must be taken to rectify the problem within the compliance period
- preventative action that must be taken, and continue to be taken after the compliance period to prevent reoccurrence of the problem
- the consequences should the neighbour fail to comply with the notice
It should be noted that the notice will NOT require:
- the removal of the hedge, or
- the reduction in height of the hedge below 2 meters above ground level
Can a remedial notice be withdrawn?
Yes, the authority can withdraw, waive or relax the notice or its requirements. This can happen before or after the notice has taken effect and the authority must inform both the complainant and every owner and occupier of neighbouring land (‘neighbours’).
Withdrawal doesn’t prevent future notices being issued for the same hedge.
Can a remedial notice be appealed against?
Yes, the complainant and all neighbours have the right to appeal against the issue or the withdrawal of a remedial notice. An appeal will freeze the issue, withdrawal, waiver or relaxation, in its current state, until such a time that the appeal is resolved.
Appeals are made to the appeal authority. In England, the appeal authority is the Secretary of State. Normally appeals need to be made within the 28 day window between notice issue and operative date, or 28 days from notification of withdrawal, waiver or relaxation of the notice or its requirements. However, appeals can be accepted at the authorities discretion after this date.
Information on appeals is covered by High Hedges (Appeals) (England) Regulations 2005
Can the local authority enter the hedge owners land?
Yes, persons authorised by the authority or the appeal authority can enter the neighbours land in order to obtain information relevant to the complaint, remedial notice or appeal.
They must give 24 hours notice to the neighbour prior to entry and must produce evidence of authority if requested.
They can take persons or equipment onto the land, and can take samples of trees or shrubs forming part of the hedge away with them.
The must leave the land secured as they found it if the enter the land when the neighbour is not present.
Obstructing the authorised person is an offence that carries a fine of up to £1000.
Can the local authority carry out the work if the hedge owner wont?
After the compliance period the authority can authorise person(s) (e.g. a contractor) to carry out the remedial actions on the neighbours land, and can look to recover expenses by means of a local land charge. The local land charge would be binding successive owners and occupiers of the land also.
The authority must give 7 days’ notice of their intent.
Obstructing the authorised person(s) is an offence that carries a fine of up to £1000.
What if the remedial notice is ignored?
This process relies on the local authority sending the notice to the correct person(s) and correctly registering the notice as a local land charge.
If the remedial notice requires action be taken, and the action is not taken within the compliance period, all owner/occupier(s) of the land at the time of the notice must show they did everything they could be expected to do to secure compliance with the notice, or they are guilty of an offence that carries a fine of up to £1000.
A further failure to comply can result in a court imposing an order on the person(s) to comply by a set date, with failure to meet this deadline being met by a further fine of up to £1000.
Finally, continued failure to comply with the order can result in fines of up to £50 per day for each day on which the failure to comply continues.
What if the occupier isn’t the owner?
Section 289 of the Public Health Act 1936 ensures the owner of the land has the right to comply with the notice against the wishes of the occupier.
Removal of an important hedge in the countryside
The Hedgerows Regulations 1997 provided powers, under section 97 of the Environment Act 1995, intended to protect hedges in the countryside from damage or destruction.
The hedgerow regulations specifically exclude hedges within or bordering a domestic garden.
A hedge is protected, meaning it cannot be removed, if it meets three criteria concerning length, location, and ‘importance’.
A hedge row qualifies for protection if its length is:
- more than 20m with gaps of 20m or less in its length
- less than 20m, but it meets another hedge at each end.
A hedge is protected if its location is on or adjacent to:
- land used for agriculture or forestry
- land used for breeding or keeping horses, ponies or donkeys
- common land
- a village green
- a site of special scientific interest
- a protected European site such as a special area of conservation or special protection area
- a local or national nature reserve
- land belonging to the state.
Finally, a hedge is protected if its ‘important’, meaning at least 30 years old and meeting at least one of the following criteria:
- marks all or part of a historic parish boundary that existed before 1850
- contains an archaeological feature such as a scheduled monument
- is completely or partly in or next to an archaeological site listed on a Historic Environment Record (HER), (formerly a Sites and Monuments Record)
- marks the boundary of an estate or manor or looks to be related to any building or other feature that’s part of the estate or manor that existed before 1600
- is part of a field system or looks to be related to any building or other feature associated with the field system that existed before 1845 – you can check the County Records Office for this information
- contains protected species listed in the Wildlife and Countryside Act 1981
- contains species that are endangered, vulnerable and rare and identified in the British Red Data books
- includes woody species and associated features as specified in Schedule 1, Part II Criteria, paragraph 7(1) of the Hedgerow Regulations – the number of woody species needed to meet the criteria is one less in northern counties
You can only remove a protected hedgerow if:
- it’s less than 30 years old
- you’re the owner, tenant or manager of the hedgerow
- you’re a utility company that’s eligible to remove it.
A hedgerow removal notice must be served to the Local Planning Authority (LPA). Applications will be kept on a public register, but there’s no requirement to publicise the application. People can object to the LPA, and the LPA will consider objections received.
The LPA has 42 days to determine if the hedge is considered ‘important’, and the LPA may survey the hedgerow to do this. If the hedgerow is deemed ‘important’, the LPA will decide whether to issue a Hedgerow Retention Notice. They may choose not to issue a notice, but this may be conditional on some other works being carried out, such as reinstatement, replanting or establishment of an equivalent hedgerow elsewhere.
The LPA may also provide written notice of permission, or if, within 42 days, the applicant has not heard back from the LPA, the removal can proceed. The applicant has up to 2 years from the date of the written notice to remove the hedgerow. In this way, it’s very similar to the 6-week (42 days) notice period of a section 211 notice for Conservation Area tree works.
During the consideration period, the council may need to consult with the relevant parish council, and the parish council may ask for more time to consider the proposal. People can also object to a hedgerow removal by contacting the LPA, who’ll consider all objections in their decision.
A hedgerow decision can be appealed against once either a retention notice or a replacement notice has been sent. Appeals must be given within 28 days of the date on the decision letter.
The penalty for non-compliance is an unlimited fine.
Hedge row removals would also be covered by restrictions, including:
- Nesting birds
- Endangered species
- Tree protection (TPO/CA)
- Common Agricultural Policy schemes
High Hedge Management with The Tree Fella
If a high hedge is affecting your property, it’s crucial to manage it safely and in line with the law.
The Tree Fella team provides expert services across the North East, helping homeowners and landlords with cutting high hedges while staying fully compliant with local council regulations and the High Hedge Act 2014.
Our approach ensures:
- Hedges are trimmed below the action hedge height to prevent light obstruction.
- A healthy growing margin is left for strong, sustainable regrowth.
- All work is completed in line with hedge height law UK, so you don’t risk complaints under the High Hedges Act England.
Wondering how high can a hedge be in a front garden in the UK, what the legal height of a hedge between neighbours can be or how to cut high hedges to meet UK legislation – The Tree Fella team can help. Our experienced tree surgeons provide clear guidance and professional hedge management across the North East, including tree surgeons in Sunderland, Newcastle tree surgeons, South Tyneside, Northumberland and more, so you can enjoy your outdoor space without worry. Get in touch to book a consultation for North East hedge trimming.