High hedges

When you can make a high hedge application

The High Hedges (Scotland) Act 2013, came into force on 1st April 2014. It offers a possible resolution of last resort to neighbour disputes over high or "nuisance" hedges. The definition of a high hedge is:

The hedge must:

• formed wholly or mainly by a row of two or more trees or shrubs;
• rises to a height of more than 2 metres above ground level; and
• forms a barrier to light (unless gaps significantly mitigate its overall effect as a barrier at heights of more than 2 metres above ground level). (Can apply to part of a hedge).

An affected property must be a domestic property, the definition of which is "any part of a building in Scotland which is occupied, or intended to be occupied, as a separate dwelling", and "a yard, garden, garage or outhouse in Scotland which belongs to such a building or is usually enjoyed with it".

If land ownership is not known the applicant must take all reasonable steps to identify owners, including making enquiries with Registers of Scotland, Companies House.

To help residents determine whether nuisance hedges or rows of trees form a high hedge, as defined in the Act, the Council offers a pre-application inspection service, which provides a non-binding, without prejudice, view as to whether the vegetation constitutes an eligible hedge under the Act. This is intended to assist them in making an informed decision whether it is worthwhile submitting a High Hedge Notice application, thereby enabling them to make such an application with greater confidence it will not be rejected on the basis the disputed vegetation is not a high hedge. This is a chargeable service, the current fee for which is £111.

Before you can make a high hedge application

A high hedge application is intended to be used as a last resort in a small minority of cases where disputes cannot be resolved by other means. The Act emphasises that potential applicants "must take all reasonable steps to resolve the matters in relation to the high hedge" before making an application.

Consequently, before an application can be validated, the council will require evidence that the applicant has met the following criteria to enable submission of an application:

You must:

• ensure the hedge is within the council's area (the council will assist, if necessary).
• ensure the hedge falls within the definition of a high hedge (see above);
• ensure the applicant is the owner or occupier of the domestic property affected by the Hedge;
• ensure the hedge specified in the application is on land owned or occupied by another person;
• provide written proof of attempts to resolve the situation with the hedge owner over a period of at least six months prior to contacting the council; 
• asked the owner of the hedge to participate in mediation through the South Ayrshire Mediation Service
• Make the hedge owner aware that you are submitting a high hedge notice application;
• ensure the application is accompanied by the appropriate fee, which for South Ayrshire Council is £520.

Please Note: the role of the Council is not to mediate between the parties but to act as an impartial decision maker.

How to make a high hedge application

An application form can be downloaded from ePlanning Scotland.  Completed application forms should then be submitted by post to:

Place Planning, County Buildings, Wellington Square Ayr KA7 1DR

Further Guidance;

Please follow the link below to the Scottish Government High Hedges and Supplementary Guidance.

Scottish Government Guidance