High hedge complaints
Summary
How to make a formal complaint to us about a high hedge, under Part 8 of the Anti-Social Behaviour Act 2003. Please make sure you have read our High hedges FAQs first to check whether you have a valid complaint under the terms of the Act.
Please don't fill out the High Hedge Complaint Form until you have read the Guidance Notes (both can be downloaded below). You may need to complete additional relevant forms if the hedge is in a Conservation Area, or if it would affect trees protected by a Tree Preservation Order.
Printable forms
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Downloads
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Download the High Hedges Complaints guidance notes [PDF, 94 Kb]
Further information
Before making a formal complaint
Please note that we do not automatically accept a formal complaint under this legislation. You will need to show that you have made a reasonable effort to resolve the problem directly with your neighbour.
This should include writing to your neighbour aiming to resolve the issue. If you get no response, then send another letter, perhaps setting a date for reply. You should allow a reasonable amount of time for your neighbour to respond, taking into account times when they may be away from home or unwell.
You will also need to prove that you have attempted some form of mediation exercise to be carried out that may help you come to a compromise with your neighbour. This does not have to be via a formal mediation service.
Finally, if these attempts fail to solve the problem then you should tell your neighbour in writing that you intend to complain to us.
All of the above should be recent, ideally within the last two months.
How to make a complaint
Remember that the legislation requires you to do all you can to resolve the problem yourself before contacting us. Before making a complaint, see our High hedges FAQs which tells you the criteria for making a High hedge complaint to us.
When you are sure that your grounds for complaint satisfy all the relevant criteria, you will need to complete the High Hedges Complaints Form, having first read the Guidance Notes. Both can be downloaded by following the links above.
It’s best to read both documents before attempting to complete the form. You will also need to provide copies of various relevant documents such as letters, a sketch plan and photogoraphs – this is explained in the notes.
How much will it cost?
We currently make a charge of £350 for investigating a high hedge complaint, reduced by 50% if you receive a qualifying benefit. More information is given in the guidance notes.
Please think very carefully before taking your complaint to us. Once we decide that your complaint is to be investigated, your fee is non-refundable or recoverable either from us or the hedge owner.
What will happen next?
Our role is not to mediate or negotiate between you and the owner of the hedge, but to assess whether the hedge is, in the words of the Act, ‘adversely affecting the complainant’s reasonable enjoyment of their property’.
We have to take account of all the relevant factors and strike a balance between the competing interests of you and the hedge owner, as well as the interests of the wider community.
We will look at the complaint form and decide whether the information provided meets the criteria for making a complaint. If it doesn’t, the fee will be returned together with a letter explaining the reasons why.
If we decide to investigate your complaint
If we consider that the criteria have been met, then the hedge will be assessed to see how it is affecting your enjoyment of your property and to decide whether the complaint is ‘actionable’. In this case, we will send a formal Remedial Notice to the hedge owner, setting out work they must do to the hedge in order to fix the problem.
Failure by the hedge owner to comply with the notice is an offence that may lead to a fine of up to £1,000. There is an appeals procedure if either you or the hedge owner are unhappy with our decision.
Please note that if we accept your complaint, it does not automatically follow that the hedge owner will be required to reduce the height of their hedge. All the issues will be weighed up and each case considered individually.
Deadlines for investigating complaints
There is no set deadline for us to decide the outcome of a complaint, although we aim to give you an answer within 12 weeks. You may contact us during that time to check on the progress of the investigation.
Further information
Visit the Communities and Local Government website [external link] for further information about the High Hedges legislation.
Related pages on this website
External links
Communities & Local Government: High hedges
The government web pages related to high hedges, including a seris of helpful leaflets you can download.
Advice Guide: neighbour disputes
The Citizens Advice Bureau web pages about neighbour disputes, covering high hedges.
Contact us
| contact officer/team: | Housing Standards Team |
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| web: | online enquiry form |
| email: | hrenewal@s-norfolk.gov.uk |
| freephone: | 0808 168 3000 |
| telephone: | 01508 533766 |
| minicom/textphone: | 01508 533622 |
| address: | South Norfolk Council South Norfolk House Swan Lane Long Stratton Norwich NR15 2XE |
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If you need information in large print, audio cassette, braille, translation (written or verbal) or signed interpretation, let us know when you contact us.
Last updated on: 20 May 2011