No View, No Light? What can be Done About Neighbouring Hedges?

Disputes over high hedges blocking light and views are common and relatively new legislation gives local authorities the power to intervene and help neighbours resolve their differences rather than get solicitors or the courts involved.

It’s all dealt with under Section 8 of the Anti-Social Behaviour Act 2003. There’s a strict process to follow, and it can only be applied when the hedge in question exceeds two metres in height and is blocking light or access to a residential property. A hedge is defined as a row of at least two evergreen or semi-evergreen trees or shrubs.

How do I complain about high hedges blocking light and views?

A neighbour’s hedge is affecting your reasonable enjoyment of your garden or property. Here’s the process to follow:

• Try to speak with your neighbours or negotiate in writing. Keep records of conversations and copies of letters, emails or messages.
• If you are not successful then contact your local council and ask them about using the high hedges legislation. There is a fee for using this service which is charged so as to prevent time wasting claims. You will need to demonstrate that you have already tried to resolve the issue by negotiating with your neighbours.
• The council will look at both sides of the issue and draw a conclusion. This could either be a rejection of the complaint, or the issue of a notice to carry out work to reduce the height of the hedge. A notice will stipulate when the hedge will need to be cut back by and by how much and will usually also include a provision that the hedge will need to be maintained within a certain height ongoing.
• If the complainant is not satisfied with the council’s response, an appeal can be lodged.
• If a demand to reduce hedges blocking light or access is ignored, the offending hedge owner could be fined.

You can read more about the official complaints procedure on the High Hedges section of the Government website.

There is an official process to follow if a neighbour’s hedge is affecting your reasonable enjoyment of your garden or property.

What is ‘right to light’ and how does it affect the complaints process?

Even though a high hedge is defined as one that is two metres or over, it does not mean that the council will order a hedge to be reduced to two metres. The final height that will be stipulated in the notice will depend on several factors, and one of these is the matter of light. The legislation does not automatically guarantee access to uninterrupted light.

Right to light is an issue governed by the Rights of Light Act 1959. It states that if a property has had the benefit of daylight for at least 20 years, then it may be entitled to continue to receive that light. What this means is, if a tall fence is erected, or trees grow to such a height that they start to block light, then it may be possible to apply through the courts for the daylight to be restored, or to prevent a fence being erected.

It has to be remembered that a right to light only covers daylight, not sunlight, and that even if there is a right, the amount of light is restricted. Also bear in mind that if trees carry a Preservation Order than it is likely that there is no right to light in place. Trees with a Preservation Order can only usually be cut back if they have started to pose a hazard.

The Government’s publication Hedge Height and Light Loss contains further information.

If you have been ordered by a local council to reduce the height of your hedges blocking light or views, we recommend taking them down to under their recommended height so that there is room for growth. For an expert service in hedge trimming Essex and East London wide, contact T.H. Tree Services: experienced, qualified tree surgeons with Trading Standards and local authority approval.

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