Scottish Government
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High Hedges Act
High Hedges (Scotland) Act comes into force on April 1.
A new Act aimed at resolving disputes between neighbours over the size of garden hedges will come into effect in April.
The High Hedges (Scotland) Act 2013 will commence on April 1, having received royal assent last year.
The legislation is intended to provide a solution to problems caused by hedges which grow over two metres tall, and block out light.
It will give home owners and occupiers a right to apply to a local authority for a high hedge notice, and empowers local authorities to enforce decisions made in relation to high hedges in their local area.
Statutory guidance has this week been issued to local authorities on their responsibilities under the Act, which will see them act as independent and impartial adjudicators, taking into account the positions of each party in a dispute, before making a decision.
Minister for Local Government and Planning Derek Mackay said: “I welcome the introduction of the High Hedges Act, which will provide a route by which neighbours involved in a dispute can resolve the issue.
“Unlike fences or walls that require planning permission if they are over two metres tall, there is no restriction on planting trees or shrubs to form a hedge, which if planted in an unsuitable location, or not maintained, can cause disputes between neighbours.
“There remains an expectation that people should take all reasonable steps to resolve the issue themselves, however there may be occasions when this isn’t possible.
“In those situations, the Act will allow people to make an application to their local authority to intervene, and if the hedge is a barrier to light, then action can be taken.”
Notes to editors
The Statutory guidance to local authorities on their responsibilities under the High Hedges (Scotland) Act 2013 is availabe at
http://www.scotland.gov.uk/Resource/0044/00445025.pdf
- The definition of a “high hedge” in accordance with the Act is “a row of two or more trees or shrubs, rising to a height of more than two metres above ground level, and which forms a barrier to light”.
- In dealing with applications, local authorities should act as independent and impartial adjudicators and should seek to strike a balance between the competing rights of neighbours to enjoy their respective properties and the rights of the community in general. Decisions on what action should be taken are for local authorities to make because individual circumstances will differ and any action needed to resolve the dispute should take account of the facts and circumstances of each individual case.
- Making an application to the local authority for a high hedge notice is a last resort rather than the first port of call. A potential applicant should take all reasonable steps to resolve the issue themselves before making their application.
- Once an application has been accepted by a local authority, they can arrange a site visit to assess whether the hedge impacts adversely on the reasonable enjoyment of a property. After considering all the information and evidence, the local authority is obliged to notify both the applicant and the hedge owner of their decision and the reasons for coming to that decision.
- If the applicant or the hedge owner is unhappy with the local authority’s decision, they have the right of appeal to Scottish Ministers within 28 days of being notified of the decision by the local authority. The appeal will be examined by the Scottish Government’s Directorate for Environmental and Planning and Appeals, and the outcome of this decision is final.
- A high hedge notice must set out what initial action should be taken by the hedge owner, outline any preventative action to stop the issue recurring and a “compliance period”, by which time the works must be carried out. Failure to comply means the local authority may use its powers of entry to the land upon which the hedge is situated to carry out the remedial work themselves and charge the hedge owner for any expenses incurred.
