is there a legal height for leylandii hedge

familiarise yourself with the latest version. There is guidance on this in chapter 3 ('Deciding whether a high hedge notice should be issued'). 62. Examples of circumstances that may be taken into account include applicants who are low earners, registered disabled persons and pensioners. It is important to remember that although mediation can be an effective way to settle disputes, cases can still be considered without it. The following criteria may assist in determining if trees and shrubs constitute a hedge. 25 January 2010 #1. In exceptional circumstances, if it is not possible to trace the owner of land, it passes to the Queen's and Lord Treasurer's Remembrancer[12]. out more about cookies, Coronavirus (COVID-19): what you need to know. 57. In these situations, the local authority should ask about the nature of the problem and explain that the Act states that the person must take all reasonable steps to try to settle the issue themselves before making a formal application to the local authority under the Act. a hawthorn, or privet) planted closely to form a boundary between pieces of land or at the sides of a road", "A line of bushes or small trees planted very close together, especially along the edge of a garden, field, or road". Leylandii - any legal height? Leylandii trees should be grown no taller than 2m in height. The Act applies to hedges and is not designed to affect woodland and forests. Local authorities are encouraged to introduce concessionary rates for those who are in difficulty paying. The spacing of trees and shrubs consistent with hedge planting, The past and current management of trees and shrubs. It is the effect the hedge has on a domestic property that is important, rather than where the hedge is located, for example, an application could relate to a hedge situated on commercial land that affects residential property. They have a lot of leyandii along their fence. As such a row of well-spaced, pollarded trees or trees that have had a crown reduction undertaken are unlikely to be considered as a hedge. 26. 47. We don't as a general policy investigate the solvency of companies mentioned (how likely they are to go bust), but there is a risk any company can struggle and it's rarely made public until it's too late (see the. Companies House[11] may be able to provide information on land owned by a business. out more about cookies, Local Government and Communities Directorate. Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. This guidance does not specify limits for light levels, and local authorities are free to measure light levels using any methods they consider reasonable and suitable for their needs. 27. In Northern Ireland, if there is a covenant in the title deeds to the affected property restricting the height of any boundary hedge, you may be able to take legal action. Individual trees and shrubs within a hedge are commonly planted relatively close. The Act does not make it illegal to grow leylandii and other fast-growing plants. For example, officers of a local authority who would be involved in assessing a future application should be cautious about approaching a hedge owner on behalf of an affected neighbour as this is likely to be seen to be acting on behalf of the neighbour. If all people concerned can agree a way forward, the applicant should withdraw their application. Its slightly shaggy fronds of bright evergreen foliage have a softness not found amongst most conifers. Ask your council for a complaint form if the hedge is all of these: 2 … The Act emphasises this by stating that potential applicants 'must take all reasonable steps to resolve the matters in relation to the high hedge' before making an application[5]. the applicant has paid the appropriate fee. It is possible to make an application that shows the applicant has made an effort to solve the high hedge issue amicably without using mediation. Both of these are myths which are often repeated, but are incorrect. For example, well-spaced tree lines are not normally considered as a hedge, even if the trees join to form a canopy. If a hedge problem has been going on for some time, it may date back to well before the Act came into force. 60. The Wildlife and Countryside Act 1981 controls where non-native plants can be planted and states that no non-native plant may be planted in the wild. Now, I have called it a hedge but maybe I should have called it a line of trees, because your Leylandii is in fact a tree not a hedging shrub. This info does not constitute financial advice, always do your own research on top to ensure it's right for your specific circumstances and remember we focus on rates not service. The 2 metres should be measured from the ground where the hedge is growing - that will usually be on the hedge owner's side. If you let it grow too tall, then it becomes more difficult to trim and you need specialist equipment or a tree surgeon to bring it back to a reasonable size. 56. The final height will be decided by your local council based on the requirements and information provided by the complainant and hedge owner. The spacing between leylandii, or other fast growing coniferous trees, may be greater; up to 1.2 metres apart, depending on the stock size at planting. Is it illegal to cut the hedge between me and my neighbour? 44. The Act allows local authorities to refund fees under certain circumstances, where they consider a refund to be appropriate. They should keep records of all attempts to settle the issue, for example, a diary of conversations held or a series of receipts for postage, and should include these with their application. As part of the application, the applicant should normally 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. If an applicant is unclear about who owns the land, they should take reasonable steps to identify the owner of the land and should record these steps in the application before sending it to the local authority. Applicants should not have to provide a precise measurement of a hedge in order to make an application about a high hedge. The legislation is not intended to generate an income for local authorities. We also use non-essential cookies to help us improve our websites. An application for a high hedge notice can only be made under the Act for a hedge which is a high hedge. Find Other Reclaiming: Mortgage Fees, Council Tax etc, Pensions, Annuities & Retirement Planning, Report Holiday Deals, Bargains & Special Offers, Martin's Blogs & Appearances & MoneySavingExpert in the News. It is accepted that multiple trees can have a similar impact as a high hedge. Although the Act provides a way of settling disputes relating to high hedges, it is intended to be a last resort for the minority of cases where the people involved cannot settle such disputes themselves. 58. In most cases, you do not need permission to plant a hedge on your property but you are responsible for looking after the hedge. However, in arriving at a decision, the local authority will look at each case on its own merits. The Act also applies to Crown land[17]. Or is it a massive row of leylandii blocking the sun and making your house dark? The trees or shrubs may be more widely spaced so their branches are not touching. If part of the Leylandii hedge grows over the boundary (foliage or roots), owners of th… Thread starter Delta99; Start date 25 January 2010; 1; 2; Next. 24. Your feedback will help us improve this site, High Hedges (Scotland) Act 2013: revised guidance 2019, 5: Meeting the conditions of a high hedge notice, Find In some circumstances, a detailed written description of the situation may be enough. The applicant should keep a copy of any letters they have sent to their neighbour, with a record of their delivery, as the local authority will normally ask to see these letters as reasonable evidence of the applicant's own attempts to settle the dispute. If the requirements of a high hedge set out in paragraphs (a) to (c) of subsection (1) are not met then the local authority should inform the person submitting the 'application' that it does not meet the requirements of the Act and so cannot be considered as an application under the Act. If your neighbour has an overgrown Leylandii that needs trimming back, call me! By continuing to use this site, you agree to our use of cookies. In the UK, there are no laws as to how high a leylandii hedge can be grown; however, a town council can take action if someone’s hedge is affecting someone else’s reasonable enjoyment of his or her own property. If a local authority receives an application where there is no evidence that the applicant has tried to do this, they must reject it. Simply growing a hedge itself is not illegal, nor is owning a hedge which exceeds two metres in height. We cut them down to about 10ft in height and trimmed the sides. However, the local authority shall visit the property to see the hedge before making a decision. If the local authority dismiss an initial application but the situation later changes, for example because the applicant extends their house or there have been changes to the high hedge, the applicant is entitled to make a new application for a high hedge notice, drawing attention to the change in circumstances. In order to form a hedge individual plants are more commonly spaced at 30-60 cm apart. Is there a maximum height Leylandii are allowed to grow to - Answered by a verified Solicitor We use cookies to give you the best possible experience on our website. During this time the person may have made several unsuccessful attempts to settle the matter through negotiation. For anyone keen to achieve privacy in their garden almost immediately, plant a Leylandii Cypress hedge! This includes whether there are any protected birds, animals or plants in the hedge and how they would be affected by any work; legislation which protects wildlife; and whether any work should be carried out, or avoided, at a particular time of year (for example, if birds are nesting in the hedge, hedge cutting should be avoided during the nesting season). The Act states[13] that an owner or occupier of a domestic property can apply to their local authority for a high hedge notice if they consider 'that the height of a high hedge situated on land owned or occupied by another person adversely affects the enjoyment of the domestic property which an occupant of that property could 'reasonably expect to have' ' (see paragraphs 80-83 for more information). Discussion and negotiation between the people involved in the dispute can continue while the local authority are considering a formal application. At the bottom of my garden runs a neighbours bungalow and front garden (they are in the next road to me) Their side fence forms my rear fence. Local authorities should consider whether there has been any change in circumstances before dismissing an application on the grounds that it is frivolous or vexatious. 21. Next Last. When the local authority receive the application, after confirming that it is eligible, they should send a copy of the application to every owner and occupier of the property the hedge is on, regardless of which local authority area the owner or occupier lives in. 59. If parts of a hedge qualify, the hedge will be eligible for an application for a high hedge notice. The trees were not there when either I or the neighbour bought our properties. The hedge does not have to be on one property only. For example, this would include a flat that is used as a home even if it is part of a tenement that contains a mix of homes and businesses, but would not include properties that are in a residential area but are used for business purposes only, for example, a dental practice or a doctor's surgery. What should people do before applying for a high hedge notice? There are restrictions on Fences and walls - 2m between gardens and 1m on roads. Leylandii, × Cuprocyparis (or Cupressocyparis) leylandii, is the world's most vigorous coniferous tree. 23. It could, for example, be on parkland that backs onto a garden or yard, or on business premises. This one is about 50ft and puts my back garden in shade for much of the afternoon. For the researching visitor there's a wealth of landscaping ideas, garden design ideas, lawn advice tips and advice about garden maintenance. However the trees must firstly be considered to form a hedge to be considered under the scope of the Act. 2.30 p.m. mid September and my garden is 90% shade! and in the Collins English Dictionary as: "A row of bushes or small trees, usually along the edge of a garden, field, or road.". Trees and shrubs planted at significantly wider spacings than those outlined above are unlikely to fall under the scope of the act. An example of a method of measuring light levels is the Hedge Height and Light Loss (March 2004)[21] guidelines which were developed by the Building Research Establishment (BRE). Hedgeline estimates that there are 10,000 ongoing disputes between neighbours over the height of hedges, mostly leylandii. Instead, it allows local authorities to set different fees to take account of different circumstances and to refund fees when appropriate. 31. For these purposes, ground level means the natural level of the ground where the hedge is growing. Even though there might be gaps in the foliage or between the trees or shrubs, the local authority must consider whether the hedge is, overall, a barrier to light. Applicants can contact Registers of Scotland[10] to find out if the land is registered. In these circumstances, the matter may be straightforward as the hedge is evidently capable of blocking light. The attempts should show that the applicant has made a reasonable effort to settle the dispute in a reasonable timescale before applying for a notice (it is not possible to specify what is a reasonable timescale as this will depend on the circumstances of the case). Always remember anyone can post on the MSE forums, so it can be very different from our opinion. I was asking that question a month or so ago, as my house is bordered by a Leylandii - although it isn't a hedge. There are special conditions in the Act for cases where it is difficult to establish who owns the land a hedge is on. Bird nesting season and … Applicants must send the appropriate fee with their application for a high hedge notice. 36. Look after it from the start and you will have an excellent screen that could last for over 150 years. 64. The new laws follow years of promises from ministers in the wake of a Daily Mail campaign on leylandii, which can grow 3ft a year and up to 100ft high. 45. If a hedge has gaps which significantly reduce its overall effect as a barrier at heights of more than 2 metres then the hedge should not to be considered a barrier to light. 30. The Act only applies to hedges; for trees and shrubs to be considered as a 'high hedge', they must first be considered to form a hedge. 25 January 2010 #1. If you keep a Leylandii hedge to a reasonable height, it is easier to keep at that height. Hedges are generally maintained by regularly trimming the sides and top of the vegetation. The applicant may withdraw their application at any time before the local authority make their decision on a high hedge notice. Formal hedges are commonly trimmed on an annual basis whilst informal hedges and hedges planted for wildlife are likely to be trimmed less regularly or on a cyclical basis whereby the sides and the top of the hedge are cut in different years. 29. Gov.scot uses cookies which are essential for the site to work. It is not necessary for the whole of a hedge to fall within the definition. As long as they are roughly in line, they may be considered as a high hedge under the Act. There are no laws on how high the hedge can be grown but a council can take action if it is affecting someones reasonable enjoyment of their property, so maintaining your Leylandii hedge well from the start is recommended. 34. Any data collected is anonymised. leylandii), these criteria may not apply. Regular clipping of the mid-green, spray like citrus-scented foliage during midsummer and autumn, can turn Cupressocyparis leylandii into a magnificent, dense, formal garden hedge that is perfect for windbreak and noise reduction. However, the method set out in these 2004 guidelines was designed to apply only to evergreen hedges adjacent to the boundary, whereas the High Hedges (Scotland) Act 2013 covers all types of hedges, including those at a distance from the boundary, and so that method cannot be applied in all cases. Parliament has approved a code of practice[19] for non-native species to further explain this subject, and you can also find exceptions approved by Parliament on the Scottish Government webpages[20]. The trees or shrubs in the hedge may have been closely planted and become so entangled that they appear as a solid green wall. Even neglected hedges are likely to show some signs of past maintenance. In particular it is not illegal to plant leylandii, and it is not illegal to have a hedge more than 2m high. Twitter Icon 41. 66. being formed wholly or mainly by a row of two or more trees or shrubs; rising to a height of more than 2 metres above ground level; and. Although the law states that a high hedge is more than 2m (approx 6½ft) tall, this is not necessarily the height to which a hedge is reduced. In order for a hedge to be considered as a high hedge they must meet the definition given in the Act. The Wildlife and Countryside Act 1981 controls where non-native plants can be planted and states that no non-native plant may be planted in the wild. 19. This means that local authorities are able to investigate and decide applications relating to high hedges on land owned by the Crown (for example, a hedge on land owned by some government departments). Not really the height restrictions apply for disputes between neighbours where Leylandii tree hedges can be shown to deprive adjoinging property of light. Due to the natural growth habit and dense foliage of these trees, a hedge may be formed without current or previous management practices. The steps people should have taken before applying to the local authority will depend on the circumstances of the case. See chapter 3 of this guidance (Deciding whether a high hedge notice should be issued) for more information. Local authorities must publish information about circumstances under which they will refund fees[24]. Despite this, now that the Act is in place, it is reasonable for a local authority to expect the person to have made another recent attempt to settle the dispute with their neighbour before making a formal application for a high hedge notice. Joined 10 January 2009 Messages 323. Even a 5ft/6ft reduction in height would help. Where a wider hedge is required, the plants may be planted up to 90 cm apart in two staggered rows. A hedge is defined by the Oxford English Dictionary as: "A row of bushes or low trees (e.g. Local authorities should also consider concessionary rates in situations where several applicants apply for a notice relating to a single hedge or where a single applicant applies for more than one high hedge notice at the same time because more than one hedge is affecting their property. However there may be other reasons why a local authority may require a hedge to be cut lower, in some case substantially lower, than this height. 16. Any orders placed after this deadline will only be delivered between 15th January – 7th February 2021. own, rent or occupy the land that the hedge is on; There's no fee for appealing. The Act gives local authorities the right to charge a fee[22] for dealing with applications for high hedge notices but it does not set a standard fee. However, if left un-pruned it can get out of hand and pruning taller hedges can be difficult and expensive. I do not consider they are adequately maintained. You will have realised this, if you have been fighting a losing battle to keep a Leylandii hedge to a height that will still allow sunlight to enter your property. 35. 63. Where trees form a boundary between properties the local authority should consider if the trees form a hedge. The Act applies to hedges that act as a barrier to light. In many parts of the country, the Scottish Mediation Network[7] provides low-cost access to mediation services. The Act allows local authorities to issue their own guidance on the Act[8]. If a hedge is so widely spaced, or the gaps in the leaves are so big that it is possible to see what lies behind them, the hedge may not act as a barrier to light and therefore not be covered by the Act, but this decision must be based on the circumstances of each case. When a local authority are considering an application for a high hedge notice, they will need to consider the height of the hedge on the applicant's side to assess the effect on their property. As such it is unlikely that trees that have been managed in this way will fall under the remit of the Act. A definition of 'reasonable steps' to try to settle the matter without referring the case to the local authority would be two formal approaches to the neighbour within a six-month period before applying for a high hedge notice. Pollarding and crown reduction are recognised techniques for managing trees and often result in a substantial reduction in the crown of the tree. Random Acts of Kindness and All things Positive! For example, if a hedge is on land within the boundaries of local authority A but the applicant lives in the area of local authority B, the application should be sent to local authority A. The applicant can then make a formal application for a high hedge notice to be served if their reasonable attempts fail to deal with the problem. See our Care section for advice on how and when to trim your Leylandii hedge. 39. The local authority should tell people about any guidance they have produced, and may also refer them to this guidance[9]. An exception might be where the hedge has been planted on a mound, or in a flower bed or other container that is raised above the ground, in which case the height should be measured starting from original ground level taking into account the additional height of hedge due to any raised planting position. The Act states that any fees local authorities charge for an application for a high hedge notice should aim to cover the reasonable costs of considering the application[23]. Whichever method the local authority decide to use to help them make their final decision as to whether a hedge is a barrier to light, they must consider the circumstances of each case. That being said, if a hedge is below that height and still being a nuisance to neighbours, they are within their rights to report to the council who will ultimately decide the acceptable height. 0 . 49. People should check with their local authority about the availability and cost of local mediation services, although local authority officials dealing with high hedge applications do not provide mediation themselves. The local authority will decide whether the evidence they provide proves that they have made reasonable efforts to settle the dispute. 32. 15. 22. In some local authority areas, mediation services may be provided free of charge. The local authority must also consider whether an application is eligible by confirming that: 33. This means that a hedge on 'neighbouring land' could be several gardens down the road or across the street, as long as the applicant can show that it has a negative effect on their enjoyment of their house. Branches may have fallen off or been removed so the canopy is lifted or the growth might be 'straggly', with few leaves or greenery. These guidelines were created to help local authorities in England and Wales make decisions under the Anti-Social Behaviour Act 2003. This applies even though the tree or shrub may grow to be large and cover a considerable area. A high hedge is determined as being a line of two or more evergreen (or semi-evergreen) trees or shrubs. If the hedge is somewhere within the buffer zone or growing margin, it may cause significant loss of light as it grows. An application cannot be made under the Act against single trees or shrubs, whatever their size. This is commonly achieved by pollarding the trees or reducing the tree crown. People may contact their local authority informally to discuss a possible application. Actually there is not a legal height specified by law if there is a high hedge defined as two plants together then a resident can complain to the local authorities for their decision.have enclosed a link which gives the current state of affairs Post by flubber » Mon Jan 02, 2006 7:26 pm. forming a barrier to light (unless gaps in the hedge significantly reduce its overall effect as a barrier to light at heights of more than 2 metres above ground level). 1 of 2 Go to page. Likewise, excessively-large Leyland cypress hedges can shade gardens and dry the soil, making it difficult to grow other plants nearby. A “high hedge” that can be a subject of a complaint is considered any hedge that is over 2 metres tall. There are no other restrictions on where the hedge must be located. It could extend over several properties, and it does not have to be growing in a garden.

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