Written question asked by Baroness Gardner of Parkes (Conservative), in the House of Lords. It was answered by Baroness Andrews (Labour) on Wednesday, 11 January 2006.

High Hedges

Question: How compliance under the Anti-social Behaviour Act 2003 can be enforced over a period of time where the height of hedges is so great that phased reductions will be required; and

Answer: Where the height of a hedge should be reduced in a series of cuttings, a local authority is required under the terms of the Anti-social Behaviour Act 2003 to specify over what period of time the work should be completed, and the final height reached. If they wish, a local authority may specify in a remedial notice how such works might be phased. A sample form of words is included in the appendix to the guidance document High Hedges Complaints: Prevention and Cure. Alternatively, a local authority might encourage the hedge owner to discuss and agree with them a suitable timetable for the phasing of the works.Under the 2003 Act, if an owner fails to reduce a hedge to its final cutting height within the overall period set by a local authority, they commit an offence and could face prosecution and/or the authority could carry out the necessary works themselves and reclaim the costs from the hedge owner. No offence is committed if the hedge owner fails to carry out the cutting according to the phases set out in a remedial notice or agreed separately with a local authority. There is no means, therefore, of enforcing the timing of individual stages of phased reduction. It is, however, open to a local authority to send warning letters if a stage has passed without action being taken.

Secondary information