Birmingham City Council

High Hedges: What if a Remedial Notice is Served?



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Carrying Out Works Specified in the Remedial Notice

Under the legislation, the hedge owner, or occupier of the land where the hedge is situated, must carry out the works specified in the Remedial Notice, within the timescale set. Failure to do so, may result in prosecution and a fine. In some cases the Council could decide to carry out the work itself and then recover their costs from the hedge owner. However, the council is not obliged to cut a hedge even if a notice is being breached, this will be purely at our discretion.

The Remedial Notice does not give the complainant any right to intervene and take the necessary action themselves.


Appeals

The Remedial Notice will take effect 28 days after it is issued. This date will be clear on the Notice. If you want to appeal against this notice, either because you are the hedge owner and don't feel the Notice should have been served, or if you are the complainant and don't think the actions go far enough to solve the problems the hedge causes to you, you must appeal before the Notice comes into effect.

High Hedge Appeals are dealt with by the Planning Inspectorate. Guidance for appellants and an appeal form are available on the Planning Inspectorate website

Further advice about appeals can also be found in the ODPM leaflet
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Last Updated : 14th November 2013