The High Hedges (Scotland) Act 2013 came into force on 1st April 2014 and relates to hedges affecting domestic properties only. It aims to provide a solution to disputes over the effects of high hedges, but ONLY where neighbours have not been able to resolve matters amicably. Comprehensive guidance for Local Authorities has been published by the Scottish Government and can be accessed from their website.
Below is a list of Frequently Asked Questions which should be used as an aid to decide whether an application can be submitted.
According to the Act, a high hedge:
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 of more than 2 metres. In applying this Act in relation to a high hedge, no account is to be taken of the roots of a high hedge.
No. Single trees will not be covered and woodland planting will not normally be covered either. It will be for the investigating officer to decide whether or not trees planted closely together form a 'hedge'.
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 high before it may be considered a 'high hedge'.
Yes. Before submitting an application to the Council, you must have tried to reach a solution with the hedge owner by alternative means, for example, through mediation, correspondence etc, and be able to supply evidence to support this. The Council considers it reasonable for the applicant to provide proof of at least 2 attempts at resolution within the previous 6 month period before an application will be accepted, one such attempt having been made within 28 days of the date of the application. It is important that you tell the Council what you have tried to do to resolve the problem when you apply for a High Hedge Notice. Clackmannanshire Council may be able to offer a mediation service. Please contact the Planning department for further details.
If you've been unable to reach an agreement about the hedge, you will be able to submit a High Hedge Application, requesting the Council to serve a Notice on the landowner. As part of the application, the applicant should provide a map showing all the main features such as the location of the high hedge, the boundaries of gardens and the location of buildings. The applicant should also include details of how the high hedge adversely affects the reasonable enjoyment of the property. A fee of £400 will be payable with the application to cover the cost of processing the application. The Council will dismiss the application if all reasonable steps have not been taken to resolve the dispute or it considers that the application is frivolous or vexatious.
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 any formal complaint about the hedge.
The Council will notify the hedge owner and/or occupier, that an application has been made and as part of this process, the application form will be made available to them (minus private phone numbers, email addresses and signatures but including all other information).
The hedge owner and/or occupier then has 28 days in which to respond to the application. A copy of the response will be given to the applicant. A Council officer will visit the property to assess the hedge. The officer will then consider all the relevant circumstances of the case, including loss of light, representations from the owner and the effect of the hedge on the enjoyment of the domestic property, and decide whether any action is necessary to remedy matters. That decision may take account of the amenity of the area and any historical significance. The final decision on the application will be taken by officers in Development Services on behalf of the Council.
If you disagree with the Council's decision, you have the right of appeal to the Scottish Ministers, through the Directorate of Planning & Environmental Appeals (DPEA). The DPEA can be contacted at DPEA@scotland.gsi.gov.uk or on 01324 696 400.
The hedge owner and/or occupier will be asked to take initial action or preventative action to meet the terms of a High Hedge Notice which will have been served by the Council. If the owner and/or occupier fails to take the required remedial action on the hedge by the deadline, the Council can arrange for the work to be carried out. The Council has the legal powers of entry and the authority to recover the cost from the hedge owner and/or occupier of any such work carried out. High Hedge Notices are binding not only on the hedge owner at the time when the Notice is issued but also on subsequent owners.
Yes. Both the owner and the applicant have the same right of appeal to the Scottish Ministers. An appeal will have the effect of suspending the Notice until the appeal is determined.
Yes. The hedge does not have to be on land immediately adjoining the property of the person making the application. It just needs to be a significant barrier to light, but you must have made all reasonable efforts to resolve matters with the landowner before applying to the Council.
No. Where plant life is causing damage to a property, there are existing civil methods which exist to address these issues. This Bill is designed to deal with the problems resulting specifically from hedges creating a significant barrier to light.
The Act was reviewed in January 2019 and the Scottish Government has no plans to publish further revised guidance unless there is a change made to the legislation by the Scottish Parliament.
An application form can be obtained from:
Once an application has been received, it will be administered and determined by officers in Development Services on behalf of the Council.
Development Quality
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 450000
Email: planning@clacks.gov.uk