I am in a bit of a dispute with a neighbour over the height of a privet hedge dividing the two properties( it must be 20ft high) I want to cut it down to a sensible height so that it can be cut with reasonable ease but he wont hear of it. I'm sure there is a regulation height for these hedges, can anyone help me please?
Many thanks.

Originally posted by sparky2
I am in a bit of a dispute with a neighbour over the height of a privet hedge dividing the two properties( it must be 20ft high) I want to cut it down to a sensible height so that it can be cut with reasonable ease but he wont hear of it. I'm sure there is a regulation height for these hedges, can anyone help me please?


Many thanks.




CLICK AND STUDY THIS (http://www.sheffield.gov.uk/your-city-council/council-meetings/cabinet/22nd-september-2004/high-hedges-report)

I think hedge has got to be no more than 2 meters which I think is about 6.5/7 foot.

Originally posted by sparky2
I am in a bit of a dispute with a neighbour over the height of a privet hedge dividing the two properties( it must be 20ft high) I want to cut it down to a sensible height so that it can be cut with reasonable ease but he wont hear of it. I'm sure there is a regulation height for these hedges, can anyone help me please?
Many thanks.

I belive a hedge is classed as a natural boundary, so therefore has no maximine height. It would take a court to decide it was dangerous and that is the reason for trimming or removal, not its height.

We have a large hedge that we want to cut back (don't have a problem with neighbors as the other side is public) but the problem we have is most of our garden slopes so is very hard to do. We have tried with a ladder but the slope makes it highly dangerous, the only way we can think is scaffold but don't want the expenese every 6 month. ~We have asked the council for help but they say the garden is our responsilbility. We only wanted advise...

Originally posted by foxy027
I think hedge has got to be no more than 2 meters which I think is about 6.5/7 foot.

our at its tallest point is roof height, about double you say and the council aren't bothered.

Sparky2,

Who owns the hedge?
Who's property is it on?
Are you council tenants, private tenants or home owners?

If it is your hedge on your land ... cut it!

If it is your neighbours hedge on their land ....
There is provision in Anti Social Behaviour Act 2003 (http://www.legislation.hmso.gov.uk/acts/acts2003/30038--i.htm#65) , Part 8 to say that an evergreen hedge should not impede your light above 2 metres.

You should also read this report to Cabinet (http://www.sheffield.gov.uk/index.asp?pgid=34505) of Sheffield City Council on the implications of the act on the Council. as referred to by 'Unregistered', above

The department to contact is Environmental Services on 203 7410, but it is recommended that you first use the Sheffield Community Mediation Service (MESH) before instituting a complaint. (Environmental Services should be able to give you their contact details)

The complaint service attracts a charge. I think it is around £300 and is discounted for those on benefits.

A succesful complaint will atract something like an enforcement notice and failure to comply will atract a maximum penalty of, I think, £1,000.

If you are sure of your facts, I would suggest a last talk with your neighbour, outlining your rights and ask them to reduce the hedge, explaining what you intend to do if they refuse.

You must also consider how 'solid' the hedge is above 2 metres. If there are 'significant' gaps letting light through, it will affect your case.

Hope this helps.

Originally posted by jubby
our at its tallest point is roof height, about double you say and the council aren't bothered.

jubby,

Are you a council tenant?

Go to here for for full details including the date it becomes law

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=99& red

Originally posted by alankearn
Go to here for for full details including the date it becomes law

http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=99& red

Your link refers to commencement from 1st June. But I believe that the provision in the ASBO Act is already law.
I am sure that 1st June refers to the regulations with regard to the grounds for and procedure of appeals against an order made as a result of a complaint.

Thanks for all your help. I'm sure negotiation is the best course, if this is possible. Trouble is he is such an arogant person you feel like taking him to court just to let him know he cant always get his own way.
Thanks again.

you want to hire a chainsaw and when he goes out chop it down that way he cannot come out and have a go while you are doing it and by the time he comes back it will be to late for him to do anything :thumbsup:

Originally posted by cgksheff
jubby,

Are you a council tenant?

Yes, they won't do anything. We have asked to replace the paving stones that are broken and dangerous but the inspector said the garden is our responsilbility.

contact one of your local councillors, quote the relevant act that's been posted on here and ask for their assistance in getting this hazardous hedge sorted, think of all those roots undermining council property :o ...

Councillors can often help in changing hearts and minds ... although a lot depends on where you live and who they are ...

Originally posted by rubydazzler
contact one of your local councillors, quote the relevant act that's been posted on here and ask for their assistance in getting this hazardous hedge sorted, think of all those roots undermining council property :o ...

Councillors can often help in changing hearts and minds ... although a lot depends on where you live and who they are ...

but who pays for it. I support a law that helps with obsrtutive neighbors, but I can't afford the scaff or the carting away the amount of privet their will be. I want to cut back the hedge but just find it hard to do and the council have already said I have to do it. This was after a senior inspector came out and inspectored the property.

it doesn't cost anything to approach a councillor ... just go to one of their surgeries. If you don't know when/where they're held, look on the Council website.

My suggestion was leading to the outcome that if you approach it in the way that the hedge may be undermining council property ... there might be a way round it ... and a councillor might be able to reinforce that approach if s/he agreed with that supposition.

It does mean though that through our council tax we all help you and your neighbour to pay for the cutting back and/or removal .

If one or the other households had kept the hedge to a reasonable height in the first place it would never got to this stage anyway. If the hedge was already overgrown before either of you moved there, that might also be a valid point in your case.

I'm off to the Dev now ... hope you get it sorted :thumbsup:

Jubby,

A couple of observations based on council tenancy:

If the hedge was excessively high before you moved in, I think that you have a strong case to expect the council to cut it back.

Although it is not a tree, the standard tenancy agreement states: "We will be responsible for cutting down or trimming large trees within the property, but only if they are causing danger or damage to your property or a nearby property."

This "damage to your property" could apply.

If it was at a reasonable height when you moved in, then your tenancy agreement probably says "You must keep any private
garden or hedges to the property tidy."
If this is the case then you should reasonably expect to pay for bringing the hedge back to a decent height.

Originally posted by rubydazzler
it doesn't cost anything to approach a councillor ... just go to one of their surgeries. If you don't know when/where they're held, look on the Council website.

My suggestion was leading to the outcome that if you approach it in the way that the hedge may be undermining council property ... there might be a way round it ... and a councillor might be able to reinforce that approach if s/he agreed with that supposition.

It does mean though that through our council tax we all help you and your neighbour to pay for the cutting back and/or removal .

If one or the other households had kept the hedge to a reasonable height in the first place it would never got to this stage anyway. If the hedge was already overgrown before either of you moved there, that might also be a valid point in your case.

I'm off to the Dev now ... hope you get it sorted :thumbsup:

As I said in previous post the other side of the hedge is on public land, and it is my responsilbilty that this side does not cuase an obstructuin. There is a bit near the front that grows ontot he path where the council put up salom gates. The hedge has got so high becuase in the last 5 years I have lived here I can on cut the top as it is unsafe to do so as I said the land slopes so in dangerous to use a ladder even one well footed as to reach the top I would overbalance.

The council and now Sheffield Homes has said they would do it for a charge to me. I can't afford the charge as they said I would have to pay for the skip and labour. They have also said I would have to pay for a crane to life the skip in and out of the garden as they would not bring the cutting through our house. There is no access to our garden from anywhere other than through the house, we prefer that as its adds to our security.

Originally posted by cgksheff
Jubby,

A couple of observations based on council tenancy:

If the hedge was excessively high before you moved in, I think that you have a strong case to expect the council to cut it back.

Although it is not a tree, the standard tenancy agreement states: "We will be responsible for cutting down or trimming large trees within the property, but only if they are causing danger or damage to your property or a nearby property."

This "damage to your property" could apply.

If it was at a reasonable height when you moved in the your tenancy agreement probably says "You must keep any private
garden or hedges to the property tidy."
If this is the case then you should reasonably expect to pay for bringing the hedge back to a decent height.

Its the difficulty of doing this that is the problem. The council say it is too enpensive for them to do it.

I am going to get it cut back this summer by paying a scaff firm to come in and if safe to do so erect some scaff. The problem will come is if it is not safe to erct the scaff, how do I get it cut back???

Then just cut it down/dig it out from the bottom and replace it with something else!

If you really want to keep it, then you must expect to pay for maintaining it.

Originally posted by cgksheff
Then just cut it down/dig it out from the bottom and replace it with something else!

If you really want to keep it, then you must expect to pay for maintaining it.

I wasn't on about the cost but what i am saying it is hard to maintain. We have had a theft from the back garden when the hedge was cut right back, would need planning permission for a fence at the desired height. I want the hedge to be about 8foot for security of my property and family. Like I said no neighbours on that side to worry about.

Does anyone know whether there's anything similar about tall, single trees?

At the back of The Towers is a very tall tree. It seems robust (hell, you could make telegraph poles from it) but it is rather overpowering and if it does ever come down then we might be at Ground Zero.

Also, I don't really want the roots under my retaining wall.

Any thoughts or pointers to legislation?

Cheers

Joe

Originally posted by JoeP
Any thoughts or pointers to legislation?

Cheers

Joe
Copper nails don't require legislation :D

Originally posted by JoeP
Does anyone know whether there's anything similar about tall, single trees?


Your tree?
Neighbours tree?
Council's tree?

On your land?

Have a look at this link (http://www.odpm.gov.uk/stellent/groups/odpm_urbanpolicy/documents/page/odpm_urbpol_607975.pdf) provided by the local authorities

Originally posted by Hadron
Have a look at this link (http://www.odpm.gov.uk/stellent/groups/odpm_urbanpolicy/documents/page/odpm_urbpol_607975.pdf) provided by the local authorities

Hadron,
I can't get your link to work.

Going through the front door, I can get to http://www.odpm.gov.uk/stellent/groups/odpm_urbanpolicy/documents/sectionhomepage/odpm_urbanpolicy_page.hcsp
What should we be looking for?

Basically its a link to tell people about growing hedges and how to go about things if you are in dispute. Try again, I've updated the link.

Thanks Hadron,

It contains very good advice on how to approach your neighbour with your problems and also names of other pamphlets that are available on similar subjects.:thumbsup: