POTTERIES · TREE SURGEONS

High Hedges & Section 8 Complaints Explained

A leylandii hedge between two gardens is one of the most common sources of neighbour disputes in North Staffordshire.

ADVICE · LEGAL 10-MIN READ 8 KEY POINTS

A leylandii hedge between two gardens is one of the most common sources of neighbour disputes in North Staffordshire. The High Hedges process under Part 8 of the Anti-Social Behaviour Act 2003 gives councils a power to order a reduction — but only after the homeowner has tried to resolve it directly. This guide walks through the legal test, the mediation requirement, the formal complaint to Stoke-on-Trent City Council, the Action Hedge Height calculation, the Remedial Notice and the appeal route, with costs and realistic timescales for 2026.

№01 · PART 01

What 'high hedge' means in law

Part 8 of the Anti-Social Behaviour Act 2003 (sections 65 to 84) gives councils a power to deal with high hedges that adversely affect the reasonable enjoyment of a domestic property. The legislation is precise and the definitions matter.

A "high hedge" under the Act has four tests, all of which must be met:

**Two or more trees or shrubs.** A single tree is not a high hedge under this law, no matter how tall. A row, line or screen of two or more counts.

**Evergreen or semi-evergreen.** Leylandii, Lawson cypress, Thuja, holly, laurel, yew and conifers in general are the typical species. Deciduous beech and hornbeam, despite being used as hedging, are not covered because they are not evergreen — even though beech holds its dead brown leaves through winter, the law does not treat that as evergreen. Mixed hedges with both evergreen and deciduous species are assessed on whether the evergreen element dominates.

**Over 2 metres tall.** Measured from the ground level on the complainant's side of the hedge. A hedge at exactly 2.0 m is not covered.

**Forming a barrier to light or access on adjoining land.** The hedge must be on land adjacent to the complainant's property — usually the neighbour's garden boundary.

"Adversely affecting reasonable enjoyment" in practice means blocking light. The Act does not deal with hedges that simply look unsightly, drop leaves, or block a view. It deals with hedges that materially reduce the light to a habitable room, garden, or outdoor space, measured against a reasonable expectation for that property.

What the Act does not cover: shared boundary hedges where both parties want them tall, hedges on the complainant's own land, single trees of any height, deciduous hedges, hedges on commercial land affecting other commercial land. Those situations need other routes — common-law nuisance, restrictive covenants, or the boundary trees dispute process.

№02 · PART 02

What you must do before complaining — mediation

The council will not accept a formal complaint until the complainant has made reasonable attempts to resolve the matter directly with the hedge owner. This is a statutory requirement and councils take it seriously — Stoke-on-Trent City Council asks for written evidence of those attempts as part of the application.

Reasonable attempts mean three steps, in order.

**An informal conversation.** A neighbour-to-neighbour discussion, ideally face-to-face, where the issue is raised plainly: "The hedge has grown to about 4 metres and it's now blocking the morning light to my kitchen and most of the garden. Could we talk about reducing it?" Many disputes end here. The hedge owner often hasn't noticed how tall the hedge has become from their side, and a friendly suggestion is enough.

**A written letter.** If the conversation didn't land, a polite written letter (not email — letters get more weight, and they are documentary evidence) setting out the issue, the impact, and a specific request. Keep a copy. Send it recorded delivery if relations are already strained.

**Mediation.** If the letter does not produce a response or produces a refusal, the next step is formal mediation through a recognised service. The Society of Mediators and the Centre for Effective Dispute Resolution maintain lists of accredited civil mediators; Citizens Advice in Stoke-on-Trent can also signpost local mediation services. Mediation typically costs £50–£250 per party, runs for a single session, and produces a written agreement if successful.

Only after these three steps fail should a formal complaint be made. The council will refuse a complaint that goes straight to formal stage without evidence of mediation attempted.

№03 · PART 03

Filing a formal complaint with Stoke-on-Trent City Council

When informal routes have failed, the formal complaint goes to Stoke-on-Trent City Council's Planning Enforcement team (or to Newcastle-under-Lyme Borough Council, Staffordshire Moorlands District Council, or Stafford Borough Council depending on which authority the property sits in).

The application form asks for: the complainant's details, the hedge owner's details, the address and a map of where the hedge is, the species and height of the hedge (estimated — the council will measure precisely on visit), the specific harm caused (loss of light to which rooms, which parts of the garden, photographs taken at different times of day), and the evidence of attempts to resolve informally (copies of letters, mediation referral, a written timeline of conversations).

**The fee.** Stoke-on-Trent City Council's High Hedges complaint fee in 2026 is typically in the £400–£550 range. Confirm the current figure with the council before applying — the fee is set locally and changes from time to time. Some councils offer reductions for households on certain benefits; ask. The fee is non-refundable, even if the complaint is rejected or the hedge is reduced before the council decides.

**Evidence to include.** Photographs showing the hedge from your property at different times of day are essential — a single photograph rarely captures how much light is lost. A simple light-meter reading (a phone app will do for indicative purposes) at the affected window across a clear day strengthens the case. A scale drawing of the boundary, the rooms affected, and the hedge position is helpful but not required.

Once filed, the council acknowledges within 10 working days and schedules a site visit, usually within four to six weeks. The hedge owner is notified and has 28 days to respond in writing with their side.

№04 · PART 04

What the council assesses

The council's assessment follows the official guidance issued by the Department for Communities and Local Government (now the Department for Levelling Up, Housing and Communities), specifically the "Hedge Height and Light Loss" guidance document. The central calculation is the Action Hedge Height — the height to which the hedge would need to be reduced to restore reasonable light.

The Action Hedge Height calculation uses the angle of sunlight, the orientation of the affected property, the distance from the hedge to the affected window or garden area, and the latitude of the site (around 53.0° N for Stoke-on-Trent). For a south-facing garden affected by a north-side hedge, the calculation typically returns an Action Height of 2.0–2.5 m; for an east or west-facing garden, the Action Height is often higher, 2.5–3.5 m, because the hedge causes less direct mid-day light loss.

The council assesses whether the actual hedge height exceeds the Action Hedge Height. If it does, and the impact on reasonable enjoyment is judged significant, the council will issue a Remedial Notice. If the hedge is at or below the Action Height, or if the impact is judged minor, the complaint is rejected.

The assessment also considers the amenity value of the hedge to the wider area — a mature laurel hedge that contributes to a Conservation Area's character is weighted differently from a recent leylandii planting put up specifically to annoy a neighbour. Councils have discretion here and the assessment is not purely mathematical.

The site visit usually takes 30–45 minutes. The hedge is measured, the affected rooms and garden are photographed, and the council officer takes a written statement from both parties. A written decision usually follows within eight to twelve weeks of the visit.

№05 · PART 05

The Remedial Notice and what it can order

If the council upholds the complaint, it issues a Remedial Notice under §69 of the Anti-Social Beraviour Act 2003. The Notice is served on the hedge owner and specifies exactly what work must be done, by when, and any restrictions on future maintenance.

**What it can order.** A Remedial Notice almost always orders a reduction in height down to the Action Hedge Height — for example, "the hedge along the boundary marked A–B on the plan shall be reduced to a maximum height of 2.5 m measured from the ground level of the complainant's property." It can require the reduction to be completed within a stated period, usually three to six months from the date of the Notice, taking the bird-nesting window into account (Wildlife and Countryside Act 1981).

The Notice can also include ongoing maintenance requirements: the hedge must be kept at or below the specified height in future, with cuts at appropriate frequency. Failure to maintain is a fresh offence.

**What it cannot order.** A Remedial Notice cannot require the hedge to be removed entirely. It cannot order a reduction below 2.0 m (the threshold below which the Act does not apply). It cannot order changes to a single tree, however tall.

**The 28-day appeal window.** Either party can appeal the Remedial Notice within 28 days of the date it is served. Appeals go to the Planning Inspectorate, which is the same body that handles planning appeals. The appeal is decided on paper in most cases, with an inspector reviewing the evidence; some appeals get a site visit. A decision usually takes two to three months. Either party can withdraw an appeal at any time.

**Enforcement.** If the Notice is not appealed and the hedge owner does not comply, the council can enter the property and carry out the work itself, recharging the cost to the owner. Persistent non-compliance is a criminal offence with fines up to £1,000.

№06 · PART 06

Costs and timescale

A realistic timeline from first formal complaint to a hedge actually being reduced is four to nine months in most Stoke-on-Trent cases, longer if the case is appealed.

**Month 0.** Formal complaint filed, fee paid (£400–£550). Council acknowledges within 10 working days.

**Months 1–2.** Site visit scheduled and completed. Hedge owner submits their response (28 days from notification).

**Months 2–4.** Council assessment, Action Hedge Height calculation, written decision issued.

**Months 4–5.** If a Remedial Notice is issued, the 28-day appeal window runs. If no appeal is lodged, the Notice takes effect.

**Months 5–9.** Compliance period for the hedge owner to carry out the work, usually three to six months from Notice taking effect. If the bird-nesting window falls within this period, work is deferred until September.

**If appealed:** add two to three months for the Planning Inspectorate decision, and if upheld, the original compliance period restarts.

Total financial cost to the complainant: the application fee (£400–£550), any mediation cost (£50–£250), and incidental costs of evidence gathering. If the council upholds the complaint and the hedge is reduced, those costs are not recoverable from the hedge owner. If the complaint is rejected, the costs are similarly non-recoverable.

For the hedge owner, the cost is the actual reduction work, which for a 20–30 m run of leylandii being reduced from 4 m to 2.5 m is typically £400–£900, sometimes more if access is difficult or staged work is needed to keep the hedge alive.

№07 · PART 07

Local context — leylandii in Stoke's older suburbs

Leylandii hedges are the single most common high hedges complaint species in North Staffordshire. The plant was sold heavily through the 1980s and 1990s as a fast-growing screening hedge, with very little public information about how tall it would actually become. Many of those hedges are now 25–35 years old and 4–8 m tall in suburban gardens that were never designed to accommodate them.

The pattern is most visible in Hartshill, Penkhull, Trentham, Westlands and the older Newcastle-under-Lyme suburbs — properties built between 1925 and 1965 with standard 8–15 m garden depths, where a 6 m leylandii now occupies a meaningful fraction of the garden's airspace and blocks afternoon sun from properties to the north.

Stoke-on-Trent City Council's Planning Enforcement team handles, on average, 25–40 High Hedges complaints per year across the city. The majority result in informal resolution before formal decision, but a meaningful minority go to Remedial Notice. Newcastle-under-Lyme handles similar volumes for its area.

The practical advice for anyone considering a complaint: invest in the mediation step. A reduction agreed between neighbours is faster, cheaper, doesn't damage the relationship, and often produces a better outcome (because a phased reduction over two seasons keeps the hedge healthy, whereas a Remedial Notice with a single deadline can force a one-shot reduction that leaves the hedge brown).

For the actual reduction work — whether agreed informally, mediated, or ordered by Notice — see [hedge cutting in Hanley](/services/hedge-cutting/hanley) and [hedge cutting in Newcastle-under-Lyme](/services/hedge-cutting/newcastle-under-lyme) for typical local costs.

№99 · QUESTIONS PEOPLE ASK
What if my neighbour refuses to talk?

Document the refusal in writing. Send a polite recorded-delivery letter setting out the issue and your request. If that produces no response within four to six weeks, refer the matter to a mediation service — the Society of Mediators or your local Citizens Advice can signpost one. If mediation is refused or fails, that becomes part of the evidence in your formal complaint to the council. The refusal itself does not weaken your case — councils expect some complaints to reach them precisely because dialogue has broken down.

Can I file a complaint about a 1.9 m hedge?

No. The Anti-Social Behaviour Act 2003 Part 8 only applies to hedges over 2 metres in height, measured from the ground level on the complainant's side. A hedge under 2 m is outside the council's power under this Act. Other routes might apply — common-law nuisance if the hedge causes specific harm beyond light blocking — but those are civil matters and significantly harder to pursue than the High Hedges process.

Will I have to pay if I'm the one being complained about?

You do not pay the council fee — that is paid by the complainant. If a Remedial Notice is issued against you, you pay the cost of the reduction work itself, which is typically £400–£900 for a standard suburban leylandii reduction. If you do not comply, the council can do the work and bill you for it, plus administrative costs. You can appeal the Notice within 28 days at no fee; appeals are decided by the Planning Inspectorate.

Can the council force the hedge to be removed entirely?

No. A Remedial Notice can only order a reduction in height, not removal. The minimum height the council can order is 2.0 m — below that, the Act does not apply. If you want a hedge removed entirely, that is a private decision for the hedge owner. A complainant cannot use the High Hedges process to force removal, even if relations have completely broken down.

Does the Wildlife and Countryside Act override a Remedial Notice?

Effectively yes, in terms of timing. The Wildlife and Countryside Act 1981 prohibits damaging active wild bird nests, with a practical nesting season of 1 March to 31 August. A Remedial Notice with a compliance deadline in May would be carried out in September instead, with the hedge owner notifying the council of the deferral. The Notice itself remains valid; the work is timed around the nesting window. Councils are aware of this and set realistic deadlines.

№00 · RELATED

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