Wednesday 20 September 2017
Residents who suffer a loss of light as a result of a neighbour's high hedge will be able to lodge an official complaint to the Development & Planning Authority from next month, once new legislation comes into force.
The new High Hedges (Guernsey) Law, 2016 comes into effect on Monday 2nd October 2017. Once in force, it will be possible to lodge a complaint in connection with a high hedge that is causing amenity problems for a neighbour in terms of loss of light. A fee will be charged for processing the complaint.
However, the Authority is keen to emphasise that the legislation is intended to act as a last resort, when all other attempts to resolve the problem through discussion with the neighbour have failed.
Most hedges provide a suitable garden boundary but they can have an adverse effect on the enjoyment of neighbouring property when they are not properly maintained or are allowed to grow too tall. Difficulties can also arise when trees and hedging which are not suitable for a particular location are planted. Some hedge species grow at a rapid rate and so can have adverse effects for those living in their shadow. In other cases the person planting the hedge is unaware of the size it may reach when mature.
In appropriate cases, the new High Hedges Law enables the Authority to serve a High Hedge Notice specifying both initial and preventative actions required to address an adverse effect on the reasonable enjoyment of a residential property, and prevent its recurrence.
Further guidance is available by visiting https://gov.gg/highhedges. Separate guidance documents have been published to offer advice for both hedge owners and complainants.
