High hedge appeals

Last updated: 26 April 2017

If someone has a problem with the height of a neighbour's hedge, they can apply to their local planning authority for a high hedge notice.

If the council agrees the hedge is too high, it can issue a high hedge notice to the person who owns, rents or occupies the land the hedge is on.

A high hedge is one that is formed mainly by a row of two or more trees or shrubs, is over 2 metres in height and blocks out the light.

You have the right to appeal to the planning authority if they decide:

  • to issue a high hedge notice
  • not to issue a high hedge notice
  • to vary a high hedge notice
  • to withdraw a high hedge notice

There's no fee for appealing.

How to appeal

You must appeal within 28 days of when:

  • you got the high hedge notice (if you're the hedge owner)
  • the planning authority told you about its decision (if you applied for the high hedge notice)

To submit an appeal, complete a high hedges appeal form and submit it to Scottish Ministers by either email or post to the address on the form. You should also send a copy to the planning authority that made the decision.

If you need help filling in the form, there are guidance notes to help you.

The appeals process

Once you make an appeal, the Scottish Government will put a reporter in charge of considering it.

A copy of your appeal will be sent to:

  • the planning authority that made the decision
  • the other neighbour involved (either the owner of the hedge or the person who applied for the notice)

The planning authority and the other person involved in the appeal must give their response within 21 days. If they make a comment, you'll have a further 14 days to respond.

The appeals process has a strict timetable with deadlines for each stage. If you send information after the deadline, it'll be sent back to you and may not be considered. Make sure everything's sent on time.

The reporter will then give you 14 days' notice of a site inspection. They'll invite you and the other person involved in the appeal to attend the inspection.

They may need to get more information before they can make a decision about the high hedge. If they do, they might ask for:

  • more written submissions
  • a hearing session (a structured meeting)
  • an inquiry session (a more formal event similar to a court case)

Inspection of the site

A site inspection allows a reporter to view the site and understand the issues that have been raised.

The reporter decides if a site inspection will be accompanied or unaccompanied. If it's accompanied, the planning authority and person making the appeal will be invited to attend. Anyone else, like those who have made representations about the appeal, will be told about the arrangements and invited to the site inspection.

The reporter can't discuss the merits of the appeal.

If the reporter chooses an unaccompanied visit, they will inspect the site alone.

If the reporter thinks a decision can be made based on submissions and a site inspection, they will aim to issue a decision within 12 weeks of receiving the appeal.

Further Written submission

If the reporter needs further written submissions they will request it from the person they think will be most suitable to provide it.

If this happens the reporter will aim to issue a decision within 20 weeks of receiving the appeal.

Hearing or public local inquiry

The reporter may decide that the information they need would be best presented at hearing or inquiry session.

The difference between a hearing sessions and an inquiry session is:

  • a hearing session is a structured discussion led by the reporter
  • an inquiry session is more like a court case - witnesses give evidence in front of the reporter

The reporter will decide if a hearing or inquiry session is required. If it is, they will aim to issue the decision on the appeal within 26 weeks (if it's a hearing) or 32 weeks (if it's an inquiry session).

Claiming expenses

You can submit a claim for expenses against a person or organisation if you think they have acted unreasonably and caused you unnecessary expense.

The reporter will decide if they have acted unreasonably and will decide any costs that should be paid to cover these expenses.

The expenses claim is separate to the appeal. If you get awarded expenses this doesn't necessarily mean your appeal will be successful too.

If you want to withdraw your appeal

You must contact the Scottish Government if you want to withdraw your appeal.

You can do this any time before the reporter makes a decision.

Email the Scottish Government at DPEA@gov.scot or write to them at:

Planning and Environmental Appeals Division
4 The Courtyard
Callendar Business Park
Falkirk
FK1 1XR

The decision

After taking all the evidence into account, the reporter will either:

  • support the authority's original decision
  • overturn the authority's decision
  • issue a decision (if the authority originally failed to give one)

You'll get a decision notice sent to you once the reporter has made a decision.

This will include the terms of the decision and the reasons for it.

How to challenge a reporter's decision

You can challenge the reporter's decision at the Court of Session.

You can't appeal the decision because you disagree with it, but you can challenge the decision if you think there was important evidence that the reporter misunderstood or didn't take into account.

If you want to challenge a reporter's decision:

  • you may have to cover the legal costs and any expenses should the challenge fail
  • anyone with sufficient interest can submit a challenge