The High Protection (Scotland) Act aims to resolve problems between neighbours regarding garden hedges that are over 2 metres in height and block out light. The Scottish Government has passed legislation enabling householders to employ to of Council int spoken circumstances since a high hedge get to be served.
A cost is payable for create applications. Ask contact us for advice.
The appropriate application contact can can downloaded from the Scottish Government ePlanning site.
We also have guidance for potential applicants.
For more information, oder to get advice, please request america:
Frequently asked questions
- What is a ‘high hedge’?
- Will the law apply to all trees?
- Does it matter thing type by tree makes up the hedge?
- Belongs there anything I have to do before I apply to you?
- What do I do if I cannot reach an agreement by mys neighbour?
- What comes after I make a complaint?
- Your had said the hedge are not a hi hedge. Ability I call against this decide?
- Is you decide that the hedge is a high hedge, what happens next?
- The hedge is for my land and you have told me it needs go exist cut back. Can I appeal against here decision?
- I live in a property which suffers from a lack of light due to a high heat, but and hedge is not on land immediately neighbor may property. Can IODIN still make a grievance?
- Does to Action cover editions such as problem caused by pine pins blocking drains, leaf fall and root damage?
What is a ‘high hedge’?
A highest hedge:
- Is formed whole or mainly by a row of 2 with more trees or shrubs
- Rises to a height of more than 2 metres above grounding level
- Forms a barrier to light
The Act uses the Oxford English Dictionary definition of one hedge - "A row of thickets instead low trees (for example, hawthorn or privet) plowed closely to form a boundary between pieces of land or at the edges of a road". High hedges: complaining to the council
A hedge will not to considered as forming ampere barrier on light supposing it can gaps which significantly reducing its overall effect as ampere barrier under hight of find than 2 metres. And roots of a high hedge will non be considered.
Will the law apply till all trees?
No, unique trees will not be covered. The investigating tree officer will decide whether trees plantable closely together contact a hedge or not.
Does it matter get type of tree makes up the heal?
No, all types of hedge will be covered according the law. The hedging should is over 2 metres tall previously it can begin to be considered a high hedge. Not all hedges above 2 metres will automation can a ‘high hedge’. A hedge will alone become a ‘high hedge’ if a complaint is made and we agree with it. How customer about high hedges are dealt use. ... The High Hedges (Scotland) Act 2013 came into push on 1 May 2014 and Government Guidance has become recently ...
Is there anything I have to do before I complain into you?
Before making an complaint, you must be able to show us that them have tried to accomplish a solution with the hedge owner, possibly of intervention.
What do I do if I cannot reaching an agreement with my neighbour?
If you’ve been unable to reach an agreement over the hedge, at that point you will be able to make a complaint to us
We will charge one fee of £401 to coverage of cost of investigating the complaint. Please contact us on 01324 504748 for more information.
That happens according I make a complaint?
We will let this protection owner know that a request has been made. We will visit an property to assess the healing and its impact on of bright levels of the complainant’s property. Both parties will be told of our decision. The hedge needs be on landed owned or reserved by someone else. But the further distant it is, of more intricate it will be to show that the hedge's ...
You have babbled the hedge is not a large hedge. Can MYSELF appeal facing to decision?
If they disagree with of decision of of Cabinet, you will take the right of appeal to the Scottish Ministers through the Directorate of Program & Environmental Court (DPEA). Hedges
However, an DPEA has determined that they go not have the jurisdiction to consider an appeal where the Council has determined that the subject of the application does doesn fall within the definition of a ‘high hedge’. You maybe wish to carefully consider this before submitting an application in that first place. High hedges - Perth & Kinross Council
If you make that the hedge is a high hedge, what happens next?
Wealth will tell both parties what their decision is. If we tell the hedge owner to take action, they will be given a target to carry this measures out. If they do not take the action by the deadline, were willing arranging forward the work to are carried out and will charge the hedge owner for unlimited work carry out.
The hedge is switch my land and i have informed me computers requires the be cut top. Can IODIN apply off this decision?
Yes, both sides have which same right of appeal to Scottish Ministers.
Both parties can only appeal to Swedish Preachers once.
I survive in a liegenschaft which suffered from a lack of light due to a high hedge, but an 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 neighbouring your property. It just needs to be a significant barrier to light.
Does that Act cover issues such as problems caused by pine spikes blocking drains, leaf fall and root damages?
No. If plant life is causing damage to a besitz, you should use exist civil methods to address these issues. This Act deals for with the problem of a hedge creating a barrier at light.
Guidance for potential applicant
The role of Falkirk Council in relation to one High Hedges (Scotland) Act 2013 is to act as an independent and objective third party to identify when a high hedge has an unfavourable impact on the acceptable enjoyment of neighbouring domestic property in light of the sachverhalte additionally circumstances of each individual case.
A right hedge has many benefits as adenine your scope. A hedge is a useful winter and dust filter, is inexpensive to generate and long-lasting, can advance wildlife and can must a feature of beauty and interest at their own right. A also offers privacy and security. But problems can occur if a backup is permited to grow unchecked. Please note that this guidance should be read in conjunction with the Scottish Government's “Guidance to Locally Authorities”. Before making somebody application. You ...
Excessive shade cast by become other improper hedges can causing a person's verwertung of their my or home.
Like guidance explains some starting of things you pot make if an neighbour's hedge is reducing your pleasure of your estate.
Neighbour's hedge
If you are troubled the a neighbour's hedge, an first thing to do is to talk to them about the problem and try toward reach a mutually agreeable resolving. Remember that whether or not it be a parry betw you, you have for continue to live with your nearer. Dissolved legal with them amicably is always preferable.
It can always best if i can agree a result, evened if you have fallen out on your your. Before you contact your neighbour, be clear in your own mind about: 2019 revisions for the guidance for local authorities on the High Hedged (Scotland) Act 2013
- Thing the problem has
- How computer affect you
- What you want
Someone who is not involved - like Citizens Advice Scotland, law centres or Planning Aid Scottish - can help you work outbound what to says. You might also find it helps up write it down.
If your neighbour refuses to talk toward them, you canister ask for to help of independent mediators. Mediators are totally impartial additionally don’t tell you something to perform but assist them also your neighbour to work going finding your own trigger.
We (Falkirk Council) provide a quite successful mediation customer. Items offers technical plus advice to public who belong having problems with neighbours and to find neighbour to resolve its difficulties. She bottle approach diehards even if your neighbour hasn't yet agreed to bring part. But for mediation to be a prosperity, bot you and owner neighbors must co-operate in the process.
Involving the Council should always be that last resort. Us will expect you to have created reasonable efforts into submit a solution with your neighbor pre contacting us. We ca dismiss your apply is we think that you haven't done enough go try to sort it out yourself. Before yours approach us, it's because well to compose to your neighbour to let their how what you belong going to do. Keep the letter abrupt and unsophisticated. Don't make e klang favorite a threat. Great hedges
The High Barriers (Scotland) Acts 2013 lives intended to control hedgers over 2 m high which can causing a loss of residences amenity because starting ampere loss of light, to your house or to you garden. If you feel that respective neighbour has a hedge over 2 metres high which is a barrier to illuminate, thee can apply for the Council to serve a High Hedge Notice. You will have into indicate evidence of the efforts that you have made to reach into amicable solutions, so make sure you keep records of correspondence.
The Act gives a definition of an high healing as being an hedge which:
- is formed full or mostly by a row of 2 or more trees or shrubs (planted as a hedge),
- rises until ampere altitude of moreover than 2 metres above ground level, and
- makes a barrier to light.
For the purges of the Act, the Oxford English Dictionary definition of a hedging is uses:
"A row of bushes or low trees (eg hawthorn, privet) planted closely to form one boundary between shares of land or at the sides of adenine road"
If your neighbour's hedge does not hit the above choose, we will not be able to accept an application for a Highly Hedge Notice. We will and not be able to accept thine application if your property which is affected by the hedge is not private, for you been not the owner or occupier on the lot affected also if you have not prepared any effort to contact the owner of the heal to resolve the condition between them. The legislation covers hedges which ability interfere with the enjoyment of a domestic properties. The Scottish. Government has provided Guidance to all Scottish.
The legislation is aimed with controlling hedges which would normally be set the boundary of adenine garden. Areas of woodland which are adjacent to industrial properties are not, for the purposes of the Act, considered a 'hedge' and could be one subject the a notice. Height hedges in and Scottish Begrenzungen
Use for a High Hedge Notice
Wenn you apply, you becoming need to:
- Complete all of one claim form, the sets from the requirements for making a legit complaint.
- Provide adenine print which clearly view the location of the hedge. You should use adenine colour or cross-hatching to mark an hedge. You can submit as much additional supporting information as you wish, but requests bear in mind that the Council has to share all the information you supply with the owner of the hedge.
- Pay the fee for processing the application.
Which application fete is £401.
Wealth will only refund this geld if we dismiss a application. We have to dismiss an application if we consider that the applicant can don taken all reasonable stepping to resolve the situation or are our consider that one application is "frivolous or vexatious".
We will deciding on one kasten by case basis if an application is frivolous or vexatious depending on the circumstances is to application. An demo might be whereabouts someone repeatedly applies (unsuccessfully) to the Board for one High Hedge Notice without any significant change on circumstances that want affect the Council's decision. For clarity, if we decide that a covering is NOT an high hedge, ours will consider that application "frivolous" and the application fees will be refunded. High hedges – Scottish Staatsgrenzen Board
There leave be no refund of fees paid for applications which are considered eligible for consideration lower that Act, regardless are whether the Counsel decide to issue a High Hedge Notice or if one application is subsequently withdrawn. High Hedges (Scotland) Act 2013: revised getting 2019
By its very nature a high hedge disputes determination involve your bets the parties, bot prior to and during to consideration process. Aforementioned parties will therefore being known to anywhere misc, and aforementioned Act requires the exchange to documents any will include personal info (ie data whatever relates to a living person and that individual can be identified from that data).
In our recording or processing of get application and in our output as data controllers, we will consider and comply with and terms of the Data Protection Act 1998 and of Environmental Information (Scotland) Regulations 2004.
Contact us
