High Hedges (Scotland) Act
If you have an issue with a neighbour over a high hedge that you haven't been able to resolve amicably, you can apply for a high hedge notice.
This is to help solve problems caused by hedges that grow higher than two metres and block out light.
A High Hedge Notice application form needs to be submitted with the fee of £401 and details of attempts to deal with matters, i.e letters to neighbours should also be submitted with the application. Where multiple applications are submitted collectively to deal with a single hedge then each applicant pays a reduced fee of £200.
The High Hedges (Scotland) Act 2013 requires us to publish the circumstances within which we will refund any fee paid for a high hedge application. These fees are refunded if an application is submitted and is not founded, for example;
- The hedge is not more than 2m high above ground level
- There is no evidence of having tried to resolve the situation with the hedge owner.
The form also includes guidance and information on the high hedge application process.
The Planning Service has also produced FAQs below, which we would encourage people to look at prior to making a formal submission.
When completed, please email to planning@eastdunbarton.gov.uk
Or post to:
East Dunbartonshire Council Development Applications Planning
Southbank House
Strathkelvin Place
Kirkintilloch
G66 1XQ
High Hedges (Scotland) Act
The High Hedges Act came into force on 1 April 2013.
The Act aims to provide a solution to the problem of high hedges, where neighbours have not been able to resolve the issue amicably. The Act seeks to provide an effective means of resolving disputes over the effects of high hedges which interfere with the reasonable enjoyment of domestic property.
The Act will give home owners and occupiers a right to apply to a local authority for a high hedge notice and empowers local authorities to make and enforce decisions in relation to high hedges in their local area.
Below are FAQs on what is included in the Act.
Frequently Asked Questions (FAQs)
The Act has been further reviewed and updated Guidance issued to Planning Authorities in January 2019.
This sets out guidelines on making a complaint and also on the criteria that Councils will be using to adjudicate on complaints to ensure that the process is transparent.
This Act applies in relation to a hedge (referred to in the Act as a "high hedge") which:
- Is formed wholly or mainly by a row of two or more trees or shrubs
- Rises to a height of more than two metres above ground level
- Forms a barrier to light.
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 two metres.
In applying the Act in relation to a high hedge, no account is to be taken of the roots of a high hedge.
No. Single trees are not covered, and it will be for the investigating tree officer to decide whether trees planted closely together form a hedge, or not.
For more information on trees, see the Tree Management Policy.
No. All types of hedge – whether they be made up of evergreen, semi-evergreen or deciduous trees – are covered by the Act. However, the hedge must be over 2 metres tall before it can begin to be considered a high hedge – but not all hedges over 2 metres will automatically be termed a ‘high hedge’ – only if a complaint is made and that complaint is upheld by the council.
For more information on trees, see the Tree Management Policy.
Yes. Before making a complaint, you must be able to demonstrate to the local authority that you have tried to reach a solution with the hedge owner by alternative means – such as by mediation. Where the issue has been longstanding, fresh attempts must be evidenced, such correspondence must be sufficiently recent and include at least two formal approaches to the hedge owner within a 6 month period before applying for a high hedge notice.
If you’ve been unable to reach an agreement over the hedge, at that point you will be able to raise a complaint with the local authority. A fee will be payable at this point by the person making the complaint. This is in order to ensure that councils can cover the costs of investigating the complaint. It will be for councils to decide how the fee structure will operate, including whether or not refunds will be offered to complainants where the complaint is successful. This also includes whether or not to offer any discount to those receiving benefits or pensions.
The local authority will notify the hedge owner that a complaint has been made, and then someone from the local authority will go out to the property to assess the hedge, and its impact on the light levels of the complainant’s property.
Once they have made a decision, they will notify both parties of their decision.
If you disagree with the decision of the local authority, you will have the right of appeal to Scottish Government ministers.
The local authority will communicate their decision to both parties, and the hedge owner will be given a deadline by which to meet the terms of the high hedge notice. If they fail to take the remedial action on the hedge in that time, the local authority will arrange for the work to be carried out. The council will have the power to recover the cost of any work carried out from the hedge owner.
Yes. Both sides have the same right of appeal to Scottish Government ministers. Both parties can only appeal once.
Yes. The hedge does not have to be on land immediately neighbouring the property of the person making the complaint. It just needs to be a significant barrier to light.
No. Where plant life is causing damage to a property, there are existing civil methods which exist to address these issues. This Act is designed to deal with the problems resulting specifically from hedges creating a significant barrier to light.
Yes. The Act was reviewed in 2018 and updated guidance was issued to Planning Authorities in January 2019.
The fee for an application is £401.
In cases where an application has been submitted that does not satisfy the terms of a high hedge, for example to consider a single tree, then the Planning Authority will refund half the fee.
Where multiple applications are received for a single hedge, i.e from more than one effected owner/occupier then each applicant will need to pay £200.
An application form needs to be submitted with the fee of £401 and details of attempts to deal with matters, i.e letters to neighbours should also be submitted with the application.