The High Hedges (Scotland) Act 2013 came into
force on 1st April 2014. Householders can now apply to the council for
action to be taken in connection with a high hedge which affects the reasonable
enjoyment of their property. The Act only relates to high hedges, which are
defined as a hedge which is formed by a row of 2 or more trees or shrubs, rises
to a height of more than 2 metres and forms a barrier to light. An application to
the council is seen as a last resort and an applicant will need to show that
they have taken all reasonable steps to resolve the matter. The council has set
a fee of £400 to deal with an application. A refund of 50% of the fee will be available
where applications are dismissed or withdrawn at an early date.
The council will notify the hedge owner that
an application has been made, invite them to make representations and then
someone from the council will go out to the property to assess the hedge. Once
a decision has been made both parties will be notified. If the council determines
that action should be taken the hedge owner will be given a deadline by which
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 and will have the power to recover the
cost from the hedge owner.
Both sides have the same right of appeal to
the Directorate of Planning and Environmental Appeals.
