Complaining to the local authority should always be a last resort. People should have tried to solve their hedge problems by negotiation with their neighbours before approaching the authority. Otherwise their complaint could be rejected.

If someone could not settle their hedge dispute amicably, they would be able to take their complaint to their local authority provided that:

• the hedge in question comprised wholly or predominantly of a line of two or more evergreen or semi-evergreen trees or shrubs;
• it was over 2 metres high;
• the hedge acted, to some degree, as a barrier to light or access; and
• because of its height, it was adversely affecting the complainant's reasonable enjoyment of their domestic property (that is their home or garden).

The local authority would be able to charge a fee, to be paid by the complainant. The maximum level of the fee will be set through regulations which will be subject to prior public consultation.

The legislation does not specify the procedures that authorities must follow in determining complaints. But they should take into account all relevant factors and assess each case on its merits. They will need, therefore, to gather information about the hedge, its effect on the complainant and hedge-owner and its contribution to the wider amenity of the area.

In each case, the local authority would decide, in the first place, whether the height of the hedge was adversely affecting the complainant's reasonable enjoyment of their property. If so, the authority would then consider what, if any, action should be taken in relation to the hedge in order to remedy the adverse effect and to prevent it recurring.

Guidance on how to assess the various factors that might be raised should help local authorities to deal with these complaints in an impartial and broadly consistent manner.

Even if the local authority find that a hedge is adversely affecting the complainant's property it is open to them to conclude that no action should be taken in relation to the hedge.

If the local authority decide that action should be taken to remedy the complaint, they would issue a formal notice setting out what must be done and by when. This would be known as a 'remedial notice'. This could well include long-term maintenance of the hedge at a lower height, but could not involve reducing the height of the hedge below 2 metres, or its removal. Although the local authority cannot require such action the hedge-owner is free to go further than the remedial notice requires.

The remedial notice would be binding not only on whoever was the owner or occupier of the land where the hedge was situated at the time the notice was issued, but also on their successors.

Both hedge owners and complainants would be able to appeal against the local authority's decision. They must do so within 28 days starting from the date that the local authority notifies the parties of its decision.

Separate regulations will specify the grounds on which appeals can be made and the procedures to be followed. These will be subject to prior public consultation.

A remedial notice is suspended whilst an appeal is being determined.

Failure to comply with the requirements of a remedial notice would be an offence. If someone was convicted in the magistrates' court, they could be fined up to £1,000. The court might then - in addition to, or in place of, a fine - issue an order for the offender to carry out the required work within a set period of time. Failure to comply with the court order, would be another offence, liable to a £1,000 fine. At this point, the court would also be able to set a daily fine for every day that the work remained outstanding thereafter.

The local authority would have powers to go in and do the work specified in the remedial notice, recovering its costs from the hedge owner. But, there is no requirement or obligation on them to intervene in this way.

The information contained in this note has been obtained from the Office of the Deputy Prime Minister.