High hedges

A householder can now apply for action to be taken in connection with a neighbouring hedge that consists of a row of 2 or more trees or shrubs and rises to a height of more than 2 metres and forms a barrier to light. Provided that they can show that the height of the hedge adversely affects the reasonable enjoyment of their property and that they have taken all reasonable steps to resolve matters in relation to the 'high hedge', and provide evidence to that effect then they can make the application.  A fee is payable. Please refer to our fees charter. 

FAQs

The High Hedges (Scotland) Act 2013 came into force on 1st April 2014. The Scottish Government has published High hedge guidance - gov.scot (www.gov.scot) which provides advice on how Council's should administer the high hedge notice application process and to ensure that the process is transparent and consistent.

What is the meaning of a "high hedge"?

According to the Act it:

• is formed wholly or mainly by a row of 2 or more trees or shrubs
• rises to a height of more than 2 metres above ground level, and
• forms a barrier to light

A hedge is not to be regarded as forming a barrier to light if it has gaps which significantly reduce its overall effect as a barrier at heights exceeding 2 metres. In applying the Act in relation to a high hedge, no account is to be taken of its roots.

Will all trees be covered by the Act?

No.  Single trees will not be covered, and it will be for the investigating officer to decide whether or not trees planted closely together form a 'hedge'.

Are only hedges made up of certain types of trees will be covered?

No.  All types of hedge, whether they are evergreen, semi-evergreen or deciduous trees, will be covered by the Act. However, the hedge must be over 2 metres tall before it can begin to be considered a 'high hedge'. However, not all hedges over 2 metres will automatically be termed a 'high hedge'. This assessment will only be made after a receipt of formal High Hedge Notice Application and following a site visit.

Do I need to do anything before submitting an application to the council?

Yes.  Before submitting to the Council an application for a High Hedge Notice, you must have tried to reach a solution with the hedge owner by alternative means, for example, through mediation, and be able to supply evidence to support this. In addition, it would be advisable that the hedge owner is informed of the existence of the High Hedge (Scotland) Act 2013 and of your intention to submit an application.

I have tried to reach an agreement with my neighbour, but haven't been able to. What do I do next?

If you've been unable to reach an agreement about the hedge, you will be able to lodge a 'High Hedge Application' with the local authority. A fee will  be payable by the person submitting the High Hedge Notice Application, please refer to our fees charter.  A fee is required in order to ensure that the council can cover the costs of processing the application, which will include a site inspection, a report, decision notice, covering letter, the appeals process, and the administration of direct action should that be necessary. The Act allows the Council to dismiss the application when all reasonable steps taken to resolve the dispute have not been taken or the Local Authority considers that the application is frivolous or vexatious.

What if the hedge in question relates to trees which are covered by a Tree Preservation Order (TPO)?

The existence of a TPO will not prevent action being taken under the Act but the Council must take into account the existence of the TPO when considering a High Hedge Notice Application concerning the hedge. Similarly, the Council will consider any adverse impact arising from a hedge being reduced in height within the Conservation Area.

What happens after I've paid the fee and the High Hedge Notice Application has been is lodged?

The council will notify the hedge owner, and or occupier in writing, that an application has been made, and will invite them to submit any comments they may have regarding the application with 28 days. The hedge owner and or occupier will be sent a copy of the application and any supporting information. An officer of the council will visit the property to assess the hedge and will consider all the relevant circumstances of the case including loss of light to neighbours, representations from the owner and the effect of the hedge on the general amenity of the area including any cultural or historic significance. It should however be noted that if there is no loss of light, then the hedge is not covered by the Act, regardless of what other amenity issues that the applicant may have. Once the case has been assessed, the council will notify both parties of their decision.

The local authority has said that the hedge is not a 'high hedge', but I disagree. What can I do next?

The Directorate of Planning and Environmental  Appeals (DPEA), has determined that they do not have the jurisdiction to consider an appeal where the Council has determined that the subject of the application does not fall within the definition of a 'high hedge'.  You may wish to carefully consider this before submitting an application in the first place.

The council has determined that the hedge is a high hedge.  What happens next?

In the event that the Council consider that the application relates to a high hedge, and that the barrier to light from the hedge is adversely affecting the reasonable enjoyment of their property they may serve a High Hedge Notice on the hedge owner,  and the owner will be required to undertake remedial action on the hedge within a fixed timescale, failing which the Council can arrange for the work to be carried out, and seek to recover the costs from the hedge owner.  High Hedge Notices are binding not only on the hedge owner at the time when the notice is issued but also on subsequent owners.

Does the 'high hedge' owner have any right of appeal?

Yes. If the hedge owner is aggrieved with the service of the notice, they can appeal to the Scottish Ministers. If the applicant considers the Council have not gone far enough to resolve the issues, they can also appeal to Scottish Ministers. Both parties can only appeal once. An appeal will have the effect of suspending the notice until the appeal is determined. There is no additional charge for lodging an appeal to the Scottish Ministers.

I live in a house which suffers from lack of light due to a high hedge, but the hedge is not on land immediately adjoining my property. Can I still make a complaint?

Yes.  The hedge does not have to be on land immediately adjoining the property of the person making the complaint. It just needs to be a significant barrier to light.

Will the Act examine other issues, other than the barrier of light, such as problems causes by leaf fall blocking drains or root damage?

The Act is primarily to deal with problems resulting from the hedge as a barrier to light, however other factors may be considered when assessing the application.

Comprehensive guidance for local authorities has been published by the Scottish Government.

A High Hedge Application Form (Word doc, 124 KB) to request a high hedge notice is available to download, together with our application guidance notes (PDF, 149 KB).

The application and any other enquiries about 'high hedges', should be made to:

Development Management
Perth and Kinross Council
35 Kinnoull Street
Perth
PH1 5GD