Common questions around making high hedge applications
- Q1. What if I don’t know who owns the land with the hedge?
- You can take reasonable steps to identify the owner of a hedge, such as checking Registers of Scotland and/or Companies House. Remember to record these efforts in your application.
- Q2. Do I need to measure the hedge on my neighbour’s land for an application?
- No, Fife Council will handle any measurements if a formal application is made.
- Q3. Do I need to do anything before applying to the Council?
- Yes, an application is a last resort. You must take steps to resolve any issues with the hedge owner, and provide evidence of this such as letters, emails, or mediation attempts. Simply claiming your neighbour is unapproachable without evidence is insufficient.
- For Fife Council this means providing a minimum of 2 pieces of evidence over at least 2 separate occasions. It is expected that you give the owner(s) a reasonable time to respond to your requests, for the second piece of evidence this should be a minimum of 6 weeks prior to you submitting the High Hedge Application.
- Q4. What is considered reasonable attempts to resolve the problem?
- Reasonable attempts include efforts to engage with the hedge owner in dialogue or correspondence. Fife Council may reject applications without evidence of such efforts, but a hedge owner’s refusal to respond won’t prevent the application process.
- Q5. I am unable to reach an agreement with my neighbour, what do I do next?
- You can submit an application to Fife Council if you are unable to reach an agreement with your neighbour. You need to include details of the hedge, its impact, provide evidence of the attempts made to resolve the issue with your neighbour, and processing fee. Fife Council will dismiss applications lacking evidence of the attempts made to resolve the dispute or deemed frivolous or vexatious.
- Q6. When can I apply for a high hedge notice?
- You can apply to Fife Council if a high hedge adversely affects the reasonable enjoyment of your residential property by acting as a barrier to light. The application must address the hedge’s impact on your property and garden. Fife Council will assess the complaint objectively, considering what level of enjoyment is reasonable to expect.
- Q7. Who can submit an application for a High Hedge Notice?
- To apply for a high hedge notice you must be the owner or occupier of the domestic property affected. Both the owner or occupier can apply but only one application is required to start the process. If you are the occupier of the property, it is good practise to inform the property owner of your high hedge notice application. For hedges on Fife Council land, a separate, fee-free process applies.
- Q8. What happens when an application is submitted to Fife Council?
- Fife Council will appoint an officer who can enter the land and assess the impact of the hedge. The hedge owner will be notified that an application has been made and will be invited to make representations (this will be shared with you). The Council can call for actions to address the problem, but cannot remove the hedge. If the hedge falls outside of the scope of legislation, Fife Council can reject the application.
- Q9. What decisions can Fife Council make on an application?
- Fife Council can decide if the hedge forms a barrier to light or view that the hedge has no detrimental impact on the applicant’s property.
- Q10. The Council has determined that action should be taken. What happens next?
- The Council will communicate their decision to both parties, and the hedge owner will be given a deadline to meet the terms of the high hedge notice. If they fail to take the remedial action on the hedge in that time, the Council can arrange for the work to be carried out. The Council will have the power to recover the cost of any work carried out from the hedge owner.
- Q11. Are there any circumstances where the fee will be refunded?
- Yes, your application fee will be refunded if:
- your application is incomplete,
- you cannot evidence all reasonable steps to resolve the issue with your neighbour,
- your application is considered frivolous or vexatious or,
- if the application is for a group of trees or shrubs not considered to form a hedge
The eligibility for a refund or part refund will be lost after the request has been deemed a valid application and has been formally registered. Thereafter, any refunds, unless exceptional circumstances dictate will be at the discretion of Fife Council as Planning Authority.
- Q12. What does Fife Council have to consider in an application?
- Fife Council assesses legal, environmental, and amenity factors, including:
- Protected trees: Whether trees in the hedge are protected by a preservation order or conservation area designation.
- Planning conditions: If a planning condition requires the hedge's retention, it can only be altered via a new planning application.
- Historic: Whether the hedge is part of or within the boundaries of a listed building, registered park or garden or other site of archaeological interest.
- Wildlife:
- Whether any protected birds, animals or plants are present in the hedge.
- Use legislation and local Biodiversity Action Plan policies.
- Avoiding hedge cutting during the bird nesting season (March – August) if birds are nesting in the hedge.
- Landscape value:
- Whether it has historic associations or contains veteran trees,
- In a designated nature conservation site such as an Area of Special Scientific Interest or Outstanding Natural Beauty,
- Forms an important link with other landscape features
- Farm hedges: Hedgerows on farmland valuable for wildlife or heritage may involve consultation with Scottish Natural Heritage.
- General amenity: The hedge's contribution to visual appeal and local character versus potential dis-benefits of height reduction.
- Loss of view: If a hedge obstructs a planned view integral to a property’s enjoyment, it may be considered.
The Council balances these considerations when deciding on remedial action.
Appeals
- Q13. What if I disagree with the Council’s decision of a high hedge notice?
- An appeal can be made by the applicant or the hedge owner if they disagree with:
- The Councils decision to not take any action,
- The withdrawal or variation of a notice by Fife Council, or
- Being requested by Fife Council to reduce the size of your hedge
You can appeal to the Directorate of Planning and Environmental Appeals within 28 days of being notified of the decision.
Information on how to appeal will be sent to both parties and an appeal can only be made once.
Fife Council’s view
Fife Council encourages you to reach an amicable solution with your neighbour regarding the hedge. If the hedge is causing a problem as defined by the Act, Fife Council will be reduce the height if necessary.
If you are a hedge owner and you are contacted by your neighbour, you should consider your neighbour’s concerns, discuss the issue thoughtfully, and avoid delays. It is better to speak face-to-face if possible and you should ask to see the hedge from their side this may help you understand their problem. If face to face contact is not possible, and your contact is in writing, keep a record of these discussions as this may be required in a formal application.
If direct discussions with your neighbour are difficult, you may wish to consider the use of mediation with a community representative, a mutual acquaintance an independent mediator, although there may be a cost associated with this. Fife Council staff dealing with a high hedge application cannot act as a mediator.
