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High Hedges Part 8 of the Anti-Social Behaviour Act 2003, which gives local authorities powers to deal with complaints about high hedges, came into operation on 1 June 2005.
As of 1 June 2005, provided all other ways of resolving a hedge dispute have been tried and exhausted, you can take your complaint about a neighbour's evergreen hedge to the District Council.
The role of the Council will be to judge whether the hedge is adversely affecting the complainant's reasonable enjoyment of their property. In doing so the Council will take account of all relevant factors and strike a balance between the interests of the complainant and the hedge owner.
Where circumstances justify it, the Council will issue a formal notice on the hedge owner which will set out what they must do to the hedge to remedy the problem and when by. Failure to carry out the works required by the Council is an offence which could lead to a fine of up to £1000.
Under what circumstances can a complaint be made?
- You must demonstrate that you have done everything you reasonably could to settle the dispute before submitting the complaint.
- The hedge must be:
- Growing on land owned by someone else
- Made up of a line of two or more trees or shrubs
- Mostly evergreen or semi-evergreen
- More than 2 metres tall
- You must be the owner or occupier (e.g. tenant) of the property affected by the hedge.
- The affected property must be residential
Further information and guidance - Over the garden hedge - is available from the Communities and Local Government website.
How do I make a complaint?
The Council's Execeutive on resolved that the fee for submitting a complaint should be £400, or £100 for complainants who are in receipt of a means tested benefit. A form and guidance notes are available to download.
You must complete the form in full and return it, together with the appropriate fee, to:
Heritage and Design
Planning Services
Stratford-on-Avon District Council
Elizabeth House,
Church Street
Stratford-upon-Avon
Warwickshire CV37 6HX
For further information please contact the Heritage and Design Team on 01789 260337 or e-mail planning@stratford-dc.gov.uk, or by fax on 01789 260330
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