This new legislation came into force on 3rd May 2011 and allows owners or occupiers of domestic property to complain that their reasonable enjoyment of that property is being adversely affected by the height of high hedges situated on neighbouring land owned or occupied by another person. Previously, a complainant would have been required to go to the trouble of issuing expensive legal proceedings against their neighbour, which would also have involved delay.
In order for any complainant to make a complaint to their local district council, they must first take all reasonable steps to resolve the matter as between themselves and their neighbours. The Act does not define what would be deemed to be “reasonable steps” by the Council but it is submitted that the Complainant would be required to record those steps in a letter to their neighbour and to copy that letter to the Council subsequently where the neighbour failed to react to the Complainant`s request for resolution.
After taking all reasonable steps to resolve the matter the complainant may contact the council. The council will then make a decision which will include:
- whether the height of the high hedge is adversely affecting the complainant’s reasonable enjoyment of their domestic property; and
- if so, what action (if any) should be taken in relation to that hedge with a view to remedying the adverse effect or preventing its recurrence.
If the council does decide that action should be taken it must as soon as reasonably practicable issue a Remedial Notice implementing its decision and must send a copy of that notice to every complainant and every owner and every occupier of neighbouring land and notify each of those persons of its reasons for its decision.
The Remedial Notice must specify the hedge it relates to; that the council has decided that the height of the hedge is adversely affecting the Complainant’s enjoyment of their property; what action is required to be taken in relation to the hedge in order to remedy the adverse effect and by when; what further action, if any, is required to prevent recurrence of the adverse effect; what date the notice takes effect; and the consequences of failure to comply with the requirements of the notice.
The action specified in a Remedial Notice may not involve reducing the height of the hedge below 2 metres, or its removal. A Remedial Notice will take effect from its operative date which will be specified in the notice and will be within 28 days of the issuing of the notice.
Subsequent to the issue of a Remedial Notice and if the required action has not be taken then a person authorised by council may enter the neighbouring land and take the required action. Any expenses reasonably incurred by that person in doing so may be reclaimed from any person who is an owner or occupier of the land. Expenses recoverable shall be a statutory charge and so will be binding on successive owners and occupiers of the land.
The Explanatory Memorandum and text of this Act can be located at http://www.legislation.gov.uk/nia/2011/21/notes