Action to be taken
After considering all the evidence, we will make a decision and determine what action should be taken (if any) to rectify the problem and if appropriate, prevent it from recurring.
Remedial notices
If we conclude that the height of the hedge is having an adverse impact on the amenity of any neighbouring properties, then we are required to serve a ‘remedial notice’.
A remedial notice will specify the action that we will require to be taken to solve the problem and prevent it from recurring in the future.
For example, the height of the existing hedge might need to be:
- reduced from 5 metres to 2 metres
- subsequently maintained to a height of no more than 2.5 metres
A remedial notice remains in force for as long as the hedge remains on the site.
Failure to comply with the requirements of a remedial notice is an offence punishable, on conviction, in the magistrates court to a level 3 fine (up to £1,000).
Right of appeal
Both the complainant and the owner and occupier of the land where the hedge is situated can appeal to the Secretary of State against our decision.
The Planning Inspectorate has been appointed to deal with appeals on behalf of the Secretary of State and there will be no charge for making an appeal.