Preliminaries required for using the Hedge Law

 Updated April 05


You cannot access the new Law unless can convince the local authority that you have made every reasonable effort to settle the dispute yourself.

There are two hoops you could well be required to jump through.

  • Recent letters or recorded approaches to the grower
    You will have to provide evidence that you have asked to speak to the grower about reducing his hedge or have sent him at least one letter within a few weeks of complaining to the council. The letter will be to ask him to reduce his hedge and to explain why. Make sure it is a polite letter and keep copies of letters and replies and record all dates. These will have to be sent with the form.

  • Mediation and the 'High Hedges Law'
    It looks as if most people will have to offer the grower to Mediation as a preliminary. This is not something we would have wished for. After all most of us have given the growers plenty of chances to discuss a solution. If you offer Mediation make it clear if you expect the grower to share or pay for any Mediation fees. See below *

  • Warning the grower
    You are required to have warned the grower of your intention if you intend to make a complaint to the council under the 'High Hedges Law'.

* To comfort you a little,

  • Mediation only tries to help people come to an agreement.
  • No outcome can be imposed. If no agreement is reached this will not make it more difficult to use the Hedge Law.
  • It is usually fairly quick.
  • Mediation is often free but if there are any fees and they are not affordable this would be a reason for saying you could not go to Mediation.
  • If there are any fees and the grower will not share them, this would be another reason for saying you could not go to Mediation.
  • It should be possible to make recurring maintenance one of the conditions of any ageement arrived at under Mediation.
  • With 'High Hedges Law' in place your requests for height reduction are backed by the threat of possible legal enforcement. You just might get a satisfactory solution under Mediation. If you do, you will save yourself a lot of time, because getting a result under the Hedge Law will not be quick.

    Photos. You can expect to be asked to supply a photograph of the hedge.


 

  Notes on damage or potential damage by tree roots

  Guides and Advice on using the High Hedges Law.

  Troubleshooting pages: Complaining about the Council's actions

  Scale of height reductions under the 'High Hedges Law'

  Specimen letter to send to grower before lodging complaint with council


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Specimen letter which you can use as a model for the letter to the grower
which the High Hedges Law requires you to send 2 or 3 weeks before using that Law.


 

Address of property where the hedge is

Dear Name/Occupier

Anti-Social Behaviour Act 2003, Part 8: High Hedges

I am writing to you (again) about your the along your (back boundary, side boundary adjoining my garden, towards the back/middle of your garden). This hedge comprises ( x number ) of ( leylandii, laurel, mixed evergreen or whatever ) It is now about ( x ) feet high. It is a considerable nuisance to me. Mention in not more than two or three short sentences the forms this nuisance takes. (First see allowed forms of nuisance and be sure to mention more than just light loss).

This letter is sent as a result of the above Act, and I would ask you to communicate with me to try to amicably sort out the problem of your hedge's height.

If you wish to go to mediation, I am quite amenable to this, on the basis that we share the costs.

If you do not reply within 14 days I fear I will have to resort to instituting formal proceedings under part 8 of the Antisocial Behaviour Act: High Hedges.

I will (recorded deliver: hand deliver, taking an impartial witness with me).

Yours sincerely/faithfully


You can base your letter on the above, picking out or customising whatever information is appropriate when we include brackets and italics.

NB.   Once 14 days have passed, if the grower has not responded or has refused to act on any of your suggestions, and you have decided to use the High Hedges Law, you will need send another letter to inform the grower of your decision. The High Hedges Law requires you to warn the grower. You will have to make sure you have proof of delivery in the same way as you did with the previous letter.


KEEP COPIES OF ALL LETTERS AND KEEP THIS LETTER TO ONE SIDE OF PAPER (not close typed)


 


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  Notes on damage or potential damage by tree roots

  Guides and Advice on using the High Hedges Law.

  Troubleshooting pages: Complaining about the Council's actions

  Scale of height reductions under the 'High Hedges Law'

  Specimen letter to send to grower before lodging complaint with council

  MAIN INDEX (Home Page)


 



This page was written and constructed, and is maintained by Clare.

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Copyright Clare, Hedgeline.