High Hedges

Since June 2005 the Council has been given new powers to deal with formal complaints concerning high hedges under Part 8 of the Anti-social Behaviour Act 2003.

The Council may be approached as a last resort if all other options to resolve the dispute have been exhausted and unsuccessful. If the Council decide that the complainant has met all the requirements of the Act, the complaint will be accepted with the completion of a complaint form and payment of the appropriate fee. Eastleigh Borough Council's fee is £465 for dealing with a high hedge complaint. A concessionary fee of £100 applies if the complainant is in receipt of Council Tax of Housing benefits.

Here is the Complaint Form (pdf format) or Word format and the

 Complaint Form Guidance Notes (pdf format) or Word format.

The role of the Council is not to mediate or negotiate between the complainant and the hedge owner, but to adjudicate on whether the hedge is adversely affecting the complainant's reasonable enjoyment of their property. The Council must take account of all the relevant factors and must strike a balance between the competing interest of the complainant and the hedge owner, as well as the interests of the wider community.

If it is considered justified, the Council will issue a formal remedial notice to the hedge owner, which will set out what action to remedy the problem. Both the complainant and the hedge owner have a right of appeal to the Planning Inspectorate against the decision of the Local Authority.

The former Office of the Deputy Prime Minister (ODPM) has published two explanatory leaflets for the public:

Over the garden hedge

High Hedge: complaining to the Council

Copies of the leaflets can be obtained from the Development Control Unit (Enforcement Team), Eastleigh Borough Council, Civic Offices, Leigh Road, Eastleigh, SO50 9YN or they can be downloaded from the ODPM website:

www.odpm.gov.uk/treesandhedges

Reference should also be made to the booklet High Hedge Complaints: Prevention and Cure which is also available of the ODPM website. Alternatively, copies can be obtained from ODPM Publications, PO Box 236 Wetherby, West Yorkshire LS23 7NB

If you have a more specific query about the regulations please ring 023 8068 8246 or email Enforcements@eastleigh.gov.uk . Please remember, the Council cannot entertain a complaint until you have made all reasonable efforts to resolve it directly with your neighbour and under no circumstances can we get involved in negotiation between parties.