Page last updated at 08:37 GMT, Wednesday, February 6 2013
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 £625.00 for
dealing with a high hedge complaint. A concessionary fee of £140.00
applies if the complainant is in receipt of Council Tax of Housing
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 interests 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
is required 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 Office of the Deputy Prime Minister (ODPM) has published two
explanatory leaflets for the public:
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 Communities and Local Government website:
Reference should also be made to the booklet
‘High Hedge Complaints: Prevention and Cure’, which is also
available on the Communities and Local Government website.
If you have a more specific query about the regulations please
ring 023 8068 8246 or e-mail email@example.com.
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 be we get involved in
negotiations between the parties.
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