Planning, building and the environment

Extending the legislation to other trees and hedges

Why can't I complain to my Council about deciduous trees and hedges that cause problems?
We decided to restrict the legislation to evergreen hedges because the evidence - from Hedgeline, the campaign group, and other letters we received from all over the country - suggests that the main problems are with tall, dense screens of foliage, whether as a hedge or a line of closely planted trees. In addition, both the problem and possible solutions were the subject of public consultation. The results indicated overwhelming support for new laws to deal with evergreen hedges, including among the majority of Councils who replied.

The consultation revealed no general appetite for legislation to deal with all problem hedges. And it must be said that we have no comparable evidence that deciduous hedges are a general problem. Although we get some letters from people who have problems with deciduous trees, these tend to relate to specific and individual sets of circumstances. They are also outnumbered by the representations we continue to receive on evergreen hedges.

Why can't I complain to my Council about single trees? They can cause the same problems as hedges.
Local Councils have no powers to intervene in cases where someone feels that their neighbour's tree is affecting the enjoyment of their property. Part 8 of the Anti-social Behaviour Act is the only legislation that deals with such concerns and covers only evergreen hedges. As noted above, the evidence - from Hedgeline, the campaign group, and other letters we receive from right across the country - suggests that the main problems are with tall, dense screens of foliage, whether as a hedge or a line of closely planted trees. So that is what the current legislation focuses on.

Would you alter the legislation if more people wrote to you to complain about deciduous trees and hedges/single trees?
Even if there was more evidence of a widespread problem, we would still need to put the issue to public consultation before we could consider extending the provisions in the Anti-social Behaviour Act 2003 to allow Councils to deal with complaints about deciduous hedges/single trees. We also want to ensure the current legislation is bedded in and working effectively before considering making any changes to it.

In addition, the right tree in the right place makes a significant difference to the quality of the local environment. We would not, therefore, wish to bring in legislation that might discourage people from planting suitable trees.