From 1 June 2005, part 8 of the Anti-Social Behaviour Act 2003 comes into force and gives us powers to deal with complaints about high hedges in York.

Definition of a high hedge

A high hedge is defined as a line of two or more evergreen or semi-evergreen trees or shrubs, which are over two metres in height. Individual trees or shrubs, groups of trees or woodlands do not come within the scope of this legislation, nor do deciduous trees.

High hedge investigations

If a hedge on someone else's land is affecting the enjoyment of your property you can apply for an investigation to be carried out. This could result in action being taken to have the hedge lowered in height.

Making a complaint about a high hedge to the council should be a last resort. You will have to demonstrate to us that you have made every reasonable effort to settle the dispute yourself:

1. You will have contacted your neighbour within a few weeks of asking us to intervene.
2. We suggest that you write a polite letter to the hedge owner/grower a few weeks before you intend to ask us to use the High Hedges legislation and that you may wish use this opportunity to offer your neighbour the chance of mediation. See neighbour mediation for more information.

Before you complain you should bear in mind the following points:

• The legislation does not require all hedges to be cut down to a height of two metres.
• You do not need the council's permission to grow a hedge above two metres in height.
• When a hedge grows over two metres the council cannot not automatically take action unless a complaint is made and upheld.
• If you complain to the council, it does not follow automatically that we will order your neighbour to reduce the height of their hedge. We have to weigh up all the issues involved and consider each case on its merits. The council cannot require a hedge to be removed altogether.
• The legislation does not guarantee access to uninterrupted light.
• There is no provision to serve an Anti-social Behaviour Order (ASBO) in respect of high hedge complaints.
• Damage caused by roots is a civil matter which is not covered by this Act and cannot be dealt with by the council.
• The legislation applies whether the hedge is owned by an individual or a company.
  

You should also read the preliminary guidance notes available to download on the right hand side of this page.

Apply for a high hedge investigation

Download and complete the high hedges application for investigation form.  You may also find the guidance notes helpful.

Send completed application forms, plans and fees to the plans processing unit address.

Leaflets offering advice on High Hedges and Light Loss are available on the Department for Communities and Local Government website.