Are you affected by a High Hedge?

What to do if you are affected by a hedge which you think is too high:

Step 1 - It's best to try and resolve the matter directly with your neighbour.

Advice on how you can do this is set out in the government leaflet 'Over the garden hedge'.

Please note that we do not automatically accept a formal complaint under this legislation. You need to show that you have made a reasonable effort to resolve the issue directly with your neighbour. This should include writing to your neighbour. Even if you have done this already, it may be sensible to try again now, as hedge-owners may be aware of the new laws and therefore be more likely to act to eliminate problems.

Another option is to consider formal mediation to try and resolve the problem. The National Mediation Helpline can help you. You can contact them by telephone on 0845 60 30 809. This is not something which is required by EFDC, although you may find it a useful step.

Step 2 - Are you sure that the hedge falls into the definitions set out in the regulations and guidance?

Chapter 4 of the government document 'High Hedge Complaints - Prevention and Cure' sets out these guidelines in detail. In situations where there is doubt about the interpretation of the regulations, you may like to send us photographs of the hedge. In most cases we should be able to tell you if it fulfils the relevant criteria.

Step 3 - How does the hedge affect your property?

Any complaint you make will be assessed according to the level of impact the hedge is having on the enjoyment of your property. One of the main problems is likely to be the amount of light blocked by the hedge. The government booklet 'Hedge Height and Light Loss' explains calculation methods for establishing whether high hedges block too much daylight and sunlight to adjoining properties, and provides guidance on hedge heights to alleviate these problems.

This document introduces a concept called 'action hedge height', i.e. the maximum height of the hedge before too much light is blocked. If the hedge you are concerned about is lower than the action hedge height, it is unlikely that we will be able to uphold any complaint you make. Please note that action hedge height is dependent on garden size, distance of windows and several other factors, so it can vary considerably for each hedge.

These calculations do not produce a definitive answer as other factors need to be considered, but they will give you an indication before you decide on whether to complain formally. Other considerations include the contribution the hedge makes to the amenity of the area as a whole and the effect of the potential height reduction on the amenities of the owner. For further information on other considerations see Chapter 5 of High Hedges Complaints: - Prevention and Cure.

Step 4 - How do I submit a formal complaint?

Once you have looked at the information set out above, and you are confident that:

1. The hedge falls within the regulations; and
2. You believe its height has an adverse affect on the reasonable enjoyment of your domestic property; and
3. You have made a reasonable attempt to resolve the situation with the hedge owner

...you can submit a formal complaint. The complaint form and guidance notes are available to download below:

High hedges Complaint form (pdf, 0.1MB)

High hedges Complaint form Guidance Notes (pdf, 0.1MB)

Please include a plan of your property showing the hedge; photographs; evidence of attempts to resolve the problem; and the required fee. The completed form should be sent to:

Tree Officer (High Hedges)

Directorate of Planning and Economic Development

Epping Forest District Council

Civic Offices

High Street

Epping

Essex

CM16 4BZ

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