Types of hedges

The Act only applies to evergreen or semi-evergreen hedges with two or plants close together. Individual trees no matter how high they are cannot be considered.

• Only hedges over 2 metres can be dealt with but the Act does not require any hedge to be taken down to 2 metres unless the formula used states the height should be at that level. For example after carrying out the necessary calculations a hedge might need to be reduced from 5 metres to 3 metres. The issue is not the height but how the hedge above 2 metre line affects the garden or dwelling
• The Council can take only action on what is reasonable to do so. For instance "reasonable light" within the garden or dwelling not necessary bright sunlight
• Light to conservatories, bathrooms WC's would not be considered. Where a conservatory is concerned the measurements are taken at the opening from the main dwelling not at the end of the conservatory if for instance the hedge in question faces the conservatory.
• Time Table - The Council must give the hedge owner at least 28 days to respond to the Remedial Notice before taking any action. The notice will require the hedge owner to action to reduce the hedge height( the Council will only take action in default by the hedge owner)

It will also have to take into consideration the time of year to stop disturbance to nesting birds and also when is the best time to cut the hedge such as the non growing season. It may have to allow the hedge to be cut down in phases as cutting it all at once may kill the hedge (which is not the purpose of the Act). The hedge may also have to be cut in phases if near a building to stop heave damage to the building

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