GARDEN HEDGES AND THE LAW

I. Legal rights

You do not normally need permission to plant a hedge in your garden. If you are troubled by a neighbour’s hedge, it is best to talk to them about the issue, If parts of a hedge cross a boundary, (above or below ground), owners of adjoining properties have the right to cut branches or roots beck to the boundary, but see also “Legal restrictions” and “Legal obligations” below.

There is no general right to light and there are currently no laws on how high you can grow your hedge but remember that a hedge can cut out natural light to your own and neighbouring property. Rules that govern the height of boundary walls and fences do not apply to hedges. However, the government has recently released details of a new formula that explains the maximum suggested height of a hedge and will probably form the basis of future  legislation. The formula  is  expressed  as H = (d/2) + 1, where H is the height in metres that the hedge can grow and d is the distance in metres from the hedge to the nearest window. For example, if a hedge is 6 metres from a window, halve it to get 3, then add 1 to give a maximum hedge height of 4 metres. The Building Research Establishment have also devised a set of calculations for evergreen hedges that will tell you how high a hedge should be if it is not to block too much light. A hedge below this height could still cut out light but anything above it will have a severe effect. For more information see “Hedge height and light loss” available at www.urban.odpm.gov.uklgreenspace under trees and hedges.

2. Legal restrictions

You might need permission from your local council to cut back or remove a hedge if you live in a conservation area or lithe trees in the hedge are protected by a tree preservation order. Also, some hedges must be kept under the terms of a planning permission. You would need the consent of the council to remove any such hedge. it is always best to check with the council before you do any work. For more information, see “Protected Trees: A Guide to Tree Preservation Procedures” available from ODPM Free Literature on the National Assembly for Wales website at www.wales,gov.uk under planning leaflets or by telephoning 0870 - 122 - 6236.

Some properties have legal covenants which state the size or type of hedge you can grow. Details should be in your deeds.

It is illegal to disturb nesting wild birds so before making a cut, check that there are no nests currently in use. To be safe, do not trim hedges between March and August.

3. Legal obligations

You are responsible for any hedge on your property. This means looking after it and making sure that it is not a nuisance to anyone else. If parts of your hedge break or fall, or it damages neighbouring property in any way, you could be liable for the cost of repairs and might have to pay compensation. By law, anything YOU Cut from someone else’s hedge remains their property. Before you get rid of any trimmings, check what the owner wants done with them. If you are returning what you have cut off do not just throw it into your neighbour’s garden

OTHER CONSIDERATIONS

1. Maintenance

The best way of preventing a hedge from becoming a problem is to keep it in good shape. This means trimming both top and sides at least once a year. Regular light pruning is better for the hedge and easier to do than infrequent heavy pruning.

2. Privacy, sunlight and views

A hedge can help you from being overlooked inside your home and garden but it does not need to be very tall to achieve this. On a level site, a height of 2 metres will usually provide privacy from a neighbour’s ground floor or garden and should therefore be enough in urban and suburban areas.

Remember that, whilst a hedge will cast a shadow that might offer cool relief from hot summer sun, equally it might deprive neighbours of welcome rays of sunshine, particularly in winter. For more information see Arboricultural Practice Note 5 “Shaded by trees?” available from the Arboricultural Advisory and Information Service. Telephone 01420 - 22022.

A tall hedge can block out an eyesore or someone else’s cherished view. Whilst no-one has a right to a particular view, people can get upset if an outlook they value is taken away from them without any consultation. This can be a particularly Sensitive issue if you overlook the coast, countryside or parkland.

3. Property damage

An overgrown hedge could push over a boundary fence. Equally, the base of the trunks or roots growing near the surface could lift paving or low walls. By taking moisture from clay soils that shrink when they dry out, a large hedge could cause subsidence damage to nearby buildings, paths, drives or walls. But a hedge that is growing close to buildings is not bound to cause such damage. There are lots of other factors involved, besides the hedge.

For more information about property damage by trees or hedges see Arboricultural Research and Information note 142 “Tree roots and foundations” available from the Arboricultural Advisory and Information Service. Telephone 01420- 22022.

Information about how to reduce the effects of subsidence damage can be found in Building Research Establishment Digest 298 “Low-rise building foundations: the influence of trees in clay soils” available from BRE Bookshop at www.brebookshop.com or telephone 01923 - 664262.

USEFUL CONTACTS

Arboricultural Association - for a list of approved contractors to carry out work on hedges, search www.trees.org.uk or tel 01794 - 368717.

Hedgeline - help those affected by problem hedges, drawing on the experience of their members. Tel 0870 240- 0627.

Tree Helpline- for impartial advice on anything to do with trees, hedges and shrubs. Tel 09065 - 161147. (Calls are charged at £1.50 a minute.

Sheila Copping

Tree Warden and Ross Meadow Co-ordinator

Tel: 708803