Page last updated at 14 November 2016 at 10:01
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 £695.00 for dealing with a high hedge complaint. A concessionary fee of £180.00 applies if the complainant is in receipt of Council Tax of Housing benefits.
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 Management Unit (Enforcement Team), Eastleigh Borough Council, Eastleigh House, Upper Market Street, 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 8448 or e-mail firstname.lastname@example.org. 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.