What a high hedge is
A high hedge is a hedge that is:
- formed wholly or mainly by a row of 2 or more trees or shrubs
- rises to a height of more than 2 metres above ground level
- 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.
Individual trees or shrubs or areas of woodland that form a barrier to light are not a high hedge.
If the hedge does not meet the definition of a high hedge, as stated in the High Hedge (Scotland) Act 2013 , you cannot apply for a high hedge notice.
High hedge notices
You can apply for a high hedge notice if:
- it meets the definition of a high hedge
- you believe it interferes with the reasonable enjoyment of your property
- you’ve already attempted to resolve the dispute yourself.
You can read the High Hedges (Scotland) Act 2013 (Legislation.gov.uk). It governs how we handle high hedge notice applications.
The Scottish Government also have detailed guidance explaining how high hedge notice applications are handled by local authorities.
What you should do first
A high hedge notice is intended to be a last resort for the minority of cases where the people involved cannot settle the dispute themselves.
If you have an issue with a neighbour about a high hedge, you must try and resolve it between you first.
Unless you can show you’ve attempted to resolve the issue with the hedge owner, we cannot consider requests for a high hedge notice.
We have a free mediation service that can help resolve disputes with neighbours.
If it’s a high hedge issue in a public area, you can tell us online about an overgrown hedge.
Who can apply for a high hedge notice
You can only apply for a high hedge notice if you’re the owner or occupier of a residential property.
However, any owner of land or property where the high hedge is an issue, including other residential, business, industrial, or commercial properties, can be served a high hedge notice.
If your property and other neighbours’ properties are affected by the same hedge, you must all apply for a high hedge notice individually.
We’ll assess each individual property. If any action is required, we’ll issue a notice for each property affected by the high hedge.
How much it costs
It costs £200 to apply for a high hedge notice. The fee applies to each owner or occupier of an affected property applying for a high hedge notice.
Some people may qualify for reductions we’ll consider this when you make a submission.
Refunds
You’ll get a full refund if we decide at the initial inspection that your application is not eligible. This means we consider:
- the hedge does not meet the definition of a high hedge
- you have not taken all reasonable steps to resolve the matters before applying
- we consider the application to be frivolous or vexatious (for example, the application is being made because of a neighbour dispute).
You’ll get a full refund if you withdraw the application before we have started processing it.
Before you apply
Before you apply, you must have made at least 2 attempts to resolve the matter with the hedge owner in the last 6 months.
You must be able to provide evidence of this, for example, you’ve sent 2 letters to the hedge owner informing them you are applying for a high hedges notice. The evidence must be provided in written format. If you’ve sent letters by post to them, you must also include proof of delivery.
You should read the guidance on high hedge disputes on the Scottish Government website before making an application.
On your application, you’ll need to tell us:
- eligibility to apply for a high hedge notice
- your details - address, contact information, and the address of the property affected by the high hedge (if it’s different from your address)
- location of the high hedge and the owner’s details
- what impact the high hedge has on your property, including a plan showing what you consider to be the high hedge and its relationship to your property – you can also upload photos
- what steps you’ve taken to resolve the issue
- fee details, and evidence to support a fee reduction if you believe you’re eligible.
If you cannot provide all the information required, we will not be able to accept your high hedge application, and it’ll be returned to you.
How to apply
Apply online
After you’ve applied
We’ll review your application within 5 working days to:
- see if it is eligible
- check that all the required information has been submitted.
If it’s eligible and there are no grounds to dismiss it, we’ll acknowledge the application as a valid and complete submission and begin our assessment.
We’ll send a copy of the application to the owner of the hedge in question once we have removed any sensitive or personal information.
The owner can then choose to provide justification as to why they think a high hedge notice should not be served.
Our decision
A case officer will review all the information provided to decide whether the hedge has a detrimental effect on the enjoyment of the property which you could reasonably expect to have.
We’ll weigh up how the hedge affects what the applicant can reasonably expect to enjoy about their property, against the value and enjoyment of the hedge owner and the surrounding area.
If the hedge has a detrimental impact, we’ll decide if we need to take action. We’ll only intervene where it is reasonable, proportionate, and necessary.
If we do, we’ll serve a high hedge notice on the hedge owner, telling them what action needs to be taken and how it will be carried out.
We’ll notify you and the hedge owner of the outcome.
How long it’ll take
There are no set timescales for determining a high hedge application. We’ll assess your application in a timely manner and as soon as reasonably possible.
However, timescales will vary depending on each case. In some more complex cases it may take longer to assess and process the application.
If you’re not happy with our decision
If you’re not happy with our decision not to serve a high hedge notice, you can appeal to the Scottish Government’s Planning and Environmental Appeals Division (DPEA).
You cannot appeal if we refuse your application:
- because the definition of a high hedge has not been met
- you have not made sufficient attempts to resolve the issue yourself.