Hedge protection and regulations

Hedgerows may sometimes be protected as a condition of planning permission. Any works to hedgerows protected by planning permission conditions will require our consent.

A fine of up to £5,000 can be imposed in the Magistrates Court, although more serious cases may be tried in the Crown Court and subject to an unlimited fine.

Appeals about a protected hedgerow can be made within 28 days of our formal decision.

Appeal a hedgerow notice decision on the GOV.UK website

Some types of work may be carried out to a countryside hedgerow without contacting us first. This includes:

• making a new opening in replacement for an existing opening that gives access to land, such as a gate. In this instance, the previous opening must be closed and filled within 8 months
• obtaining temporary access to land in an emergency, such as providing access for an ambulance
• obtaining access to land where other methods are not available, or only available at disproportionate cost
• national defence purposes
• where planning permission has been granted, excluding works that involve permitted development rights
• work carried out under Act of Parliament for flood defence or land drainage purposes
• prevention of the spread of plant diseases by an authorised inspector
• works carried out by the Highway Agency
• protecting or preventing danger to electric lines and related items
• proper management of the hedgerow, such as coppicing.

It is not illegal to own a high hedge, although we may investigate complaints and serve notice to reduce its height if we find it adversely affects the reasonable enjoyment of a person's residential property. If the owner of the hedge refuses to resolve the issue after being served notice, we may carry out the work ourselves and in some cases prosecute the owner under the Anti-social Behaviour Act 2003, and the High Hedges Regulations 2005.

If a tree or hedge located on neighbouring land overhangs your property, you are permitted to prune any overhanging branches or roots back to the boundary.

You must not go beyond the boundary, and any material removed from the tree or hedge should be offered back to the owner. You must also not destabilise or cause a disproportionate amount of damage to the tree or hedge.

Before we can investigate a complaint, you must have attempted at least twice to resolve the issue by negotiating with the owner. You can attempt this verbally or in writing.

The Department of Communities and Local Government (DCLG) website contains detailed publications which explain the legislation in more detail and provide guidance for use in considering high hedge cases. The two most useful documents can be accessed through the links below:

GOV.UK - High hedges complaints: Prevention and cure (external website)

GOV.UK - Hedge height and light loss (external website)

If you fail to resolve the issue directly with the hedge owner you can ask us to formally investigate your complaint.

The standard fee for this application is currently £384, although it can be reduced if you are in receipt of council tax benefit, housing benefit, family credit, working family tax credit, disability working allowance, or income support. If you are making a joint application with other residents, the fee is £576.

The council has produced a 'High Hedge Pack' which consists of the application form and guidance documents which must be read before completing the application form.

High Hedge Pack - Application Form and Guidance Notes (word 65kb)

We will assess the situation from any affected property and contact the hedge owner to do the same from their side before making a decision. If necessary, we may serve a 'remedial notice' ordering the owner to reduce the height of the hedge within a specified time, and maintain it below a specified height going forward.

If the owner does not take action to reduce the height of hedge after being served with a remedial notice, we may take steps to do this on their behalf and possibly prosecute the owner under the Anti-social Behaviour Act 2003, and the High Hedges Regulations 2005.

Both the owner and the person complaining can appeal our decision. You must do this within 28 days of our decision.

More about appealing a high hedge decision

Appeal against a high hedge decision