The Anti-social Behaviour Act now governs disputes over garden hedges too.
By Niall McCann of thePublican.com's legal team from London solicitors Joelson Wilson.
We have written before about the Anti-social Behaviour Bill. On January 20, 2004, the bill became the Anti-social Behaviour Act 2003. The act instigates wide reaching powers to curb irritating practices such as fly-tipping, graffiti and noise pollution, to name but a few. One of the later additions to the act permits local authorities to intervene in hedge disputes that cannot be resolved amicably by the respective neighbours.
Under the legislation, complaints to the local authority can be brought if an offending hedge is:
- formed wholly or mainly by a line comprising two or more evergreens
- more than two metres high
- a barrier to light or access
- because of its height, adversely affects the reasonable enjoyment of the home or garden of the person complaining.
Once a complaint is made, and as long as it is not considered frivolous or vexatious, the local authority can issue a "remedial notice", provided that all reasonable steps have already been taken to resolve matters. This notice should state details of the:
- complaint that has been made
- fact that the authority has decided that the height of the hedge is adversely affecting the enjoyment of the domestic property next door
- initial action that must be taken
- preventative action that must be taken
- consequences of failing to comply with the notice.
The local authority has the power to demand a reduction in the height of the hedge to two metres.
However, it does not have the power to demand that the hedge be removed. Anyone served with such a notice has a right of appeal.
Once a complaint has been made (or after a remedial notice has been served), a person authorised by the local authority may enter the neighbouring land in order to establish whether:
- the act is relevant
- a remedial notice should be issued or withdrawn
- to waive or relax a requirement of a remedial notice
- to establish if a requirement of a remedial notice has been complied with.
Should the notice not be complied with within the time given, an offence will have been committed. The maximum fine is £1,000, although if the court believes that no attempt has been made to rectify the problem, it may, in addition to, or instead of imposing the financial penalty, order that specific steps are taken to comply with the notice.
If the order of the court is further ignored, a fine of £50 can be imposed for each day that the court's order is ignored. It is, however, a defence to show that you did everything to comply with the notice.