Page last updated at 13:25 GMT, Tuesday, November 9 2010
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 £500 for
dealing with a high hedge complaint. A concessionary fee of £111
applies if the complainant is in receipt of Council Tax of Housing
benefits.
- Complaint Form
pdf
- Complaint Form Guidance
Notes
pdf
- 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’,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 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 be we get involved in
negotiations between the parties.
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