Time to Hedge Your Bets?

1st November 2003

T. Wyn Jones

In the built environment most structures require planning permission before they can be erected. Your ground floor extension to your mid-terrace house will invariably be first considered by your local planning authority who may, for various reasons refuse permission for such. Not so however any form of organic growth. In fact there is no limit on organic growth in planning terms.

What do I mean by organic growth? A question. What has caused in excess of 10,0000 neighbourly disputes one of having resulted in murder followed by suicide? The answer - hedges.

The problems do not arise with your ordinary deciduous hedge but with your evergreen hedges from the likes of the Cypress or Thuja families, which grow at an alarmingly fast rate.

The reason for planting such a hedge is understandable not least the privacy offered in such a short growing period, but all to often the quick and unrestricted growth results in the shading of neighbouring property. Not only do they shade but as they are so dark & dense they are also light absorbent thus resulting in additional darkness to the neighbouring land.

Under the current legislation the aggrieved party can only undertake civil action for damages – a costly and time consuming process.

But I am informed things may shortly change. At the time of writing this article an amendment to the Anti Social Behaviour bill (which is presently before the House of Lords) has been proposed. The amendment plans to restrict the height of hedges to 2 metres. If a hedge is higher than the stipulated 2 metres and a dispute arises if said dispute is not settled amicably the Local Authority can take action and cut down the offending hedge.

The “cutting down” of the offending hedge will be the last resort of a process, which will involve both adjudication and mediation. It will specifically exclude frivolous claims, but if the worse comes to the worse the Local Authority will be able to enter onto your property and cut down the offending hedge – and what’s more charge you for the pleasure.

Hooray I hear many people say, and I agree. But a word of caution although not being a betting man I would suggest that this proposed legislation will not be the cure-all for all boundary hedge problems. What of house owner A who 20 years ago planted an evergreen hedge to screen his view of the nearby scrap-yard. 17 years on the scrap-yard has been cleared and the developer has built houses (and subsequently sold on) right up to the boundary hedge. The owner-occupiers bought their properties with the full knowledge of the 20’ evergreen hedge at their rear southern boundary but now decide that they would like more light to their garden. Does the hedge come down thus resulting in the loss of privacy to owner A?

Wyn Jones is a partner of McCartneys, Auctioneers, Surveyors & Property Agents. For further information on Property Matters he can be contacted on Tel 07702 722905 or by e mail on - wyn@mccartneys.co.uk