High hedges
(Also known as: Complaints about high hedges.)
Information about high hedges in the city and council procedure.
Charges:
Southampton City Council has set the fee at £500. A reduced fee is available if mediation services have been carried out to try to resolve the dispute. If the correct proof is provided a reduction will apply although the minimum fee will be £250. Read the guidance note for further details of acceptable evidence that can be accepted. A reduced fee is also available to those in receipt of certain benefits. These are listed in the guidance note. If the correct proof is provided a reduction will apply and the fee will be £250.
Ways To Pay:
Send a cheque to the Trees team or make an appointment with the Trees team to pay in person at the Gateway reception. If paying in person payment can be made by either cash or cheque.
Ways To Apply:
Download the form, call Actionline or email the Trees team.
Contact Details:
Address: Trees Team,
Open Spaces Team,
Southampton City Council,
Ground Floor, Civic Centre,
Southampton
Postcode: SO14 7NG
Telephone: 0800 5 19 19 19
Minicom: 023 8083 2789
Email: trees@southampton.gov.uk
Fax: 023 8023 1384
Details of service:
The government issued new high hedges legislation in June 2005. This comes under part 8 of the Anti-social Behaviour Act 2003. Southampton City Council has since reviewed its policy on high hedges.
The council may be approached as a last resort if other options to resolve the dispute have been unsuccessful. A fee must be paid and a complaint form completed. The council will then decide if the complaint can be registered.
Contacting the hedge owner
The first option should always be to try contacting the owner of the hedge. Contact the Land registry if unsure about who owns the property where the hedge is situated. It is advisable to keep a record of the actions taken to try and resolve the dispute. This may include telephone calls and letters.
Mediation services
This is another option to consider before approaching the council. There are mediation companies who will try to help resolve high hedges disputes. Contact Mediation UK by clicking on the link or call 0117 904 6661 to find your nearest mediation service.
Contacting the Council
The government has produced two leaflets and these are available to download from their web site by clicking on the link. Also a request for leaflets can be made by contacting Actionline on 0800 519 19 19.
The council has created a High Hedges complaint form and guidance notes. This can be downloaded by clicking the link. This can also be requested by calling Actionline.
Completing the complaint form
Before completing the complaint form read the guidance notes and the leaflet 'High Hedges: complaining to the council'.
Complete the form clearly and accurately and describe fully the problems caused by the hedge. Return the form to the Trees Team with the correct supporting documentation. The cheque should be made payable to 'Southampton City Council' for the appropriate amount. Check the guidance note for the correct amount.
A copy of the form must be sent to the owner and occupier of the land where the hedge is situated.
Registering the complaint
When the council has received the complaint form, a Tree Officer will review the form and information provided. The Tree Officer will decide if the council will register the complaint.
If the complaint is not registered the council will inform the complainant why it has not been registered.
The council will inform both the complainant and the hedge owner if the complaint has been registered.
Decision
A Tree Officer will visit the site and assess the hedge. Following this a decision will be made. The council has two options and these are:
1) The council can issue a letter stating no further action will be taken. The council will inform both the complainant and the hedge owner of the reasons for this decision.
2) The council can serve a Remedial Notice on the hedge owner. The council will inform both the complainant and the hedge owner of the reasons for this decision.
Appeal
The complainant or the hedge owner can appeal. This may be done by writing to the Planning Inspectorate. The government has published a leaflet 'High hedges: appealing against the Council's decision'.
Implementation and enforcement of the remedial notice
The Tree Officer will check that the hedge has been cut to the correct specification. The council will allow the hedge owner a reasonable time to carry out the works. Works may be delayed for a time if birds are nesting in the hedge. If the hedge has not been cut to the correct specification the case will be reviewed. This will be done by both the Tree Team and the City Patrol Enforcement Team. The council may proceed by prosecuting the hedge owner. The council may also use its powers of entry to carry out the works. The council will then re-claim the costs from the hedge owner. The remedial notice also states that the hedge is to be maintained at the specified height.
Council owned hedges
For enquiries concerning hedges on council owned land please contact grounds maintenance on 023 8083 3605 or email sparkling@southampton.gov.uk
Last updated: 29 September 2008
