Planning Enforcement Charter 2024-2026

It is important to emphasise that hedges do not constitute development and therefore a person responsible for a high hedge is not in breach of planning control.  

Powers relating to the control of high hedges are not provided under planning legislation but under The High Hedges (Scotland) Act 2013 ("the Act"), which came into force on 1 April 2014. The Act aims to provide a solution to the problem of high hedges where neighbours have not been able to resolve their dispute amicably.  Given the nature of the disputes and the similar "infrastructure" and skill sets required in dealing with the overall process, Glasgow City Council has decided that its Planning Enforcement Team is the best placed for dealing with any assessments required and applications made under the Act. 

A hedge is defined by the Act as being formed of a row of two or more trees and shrubs which exceed two metres in height and form a barrier to light. It should be noted however, that revised guidance was issued in 2019 which states that this is only the minimum possible criteria for a high hedge. Other factors will also determine whether a hedge will be subject to a Notice, such as whether protected birds, animals or plants would be affected by works to the hedge, the past and current management of the trees and shrubs and that the spacing of trees and shrubs are consistent with traditional hedge planting. If these criteria are all fulfilled, the applicant may approach the Council to consider service of a High Hedge Notice. The applicant is, however, under an obligation to take reasonable steps to resolve the high hedge dispute before making an application to the Council.

As stated above, responsibility for processing applications in relation to the Act has been given to the Planning Enforcement Team. A fee of £500 is required to be paid for the council to validate an application. Where the decision is made to serve a High Hedge Notice, the owner and applicant (in instances where there is a belief the Notice instructions are insufficient) both have the right of appeal to the Scottish Government. The applicant also has the right of appeal when a Notice is not served.

Where a High Hedge Notice has been served and takes effect, the owner of the hedge is required to remedy the problem and prevent it occurring. Beyond the initial action, annual maintenance is considered reasonable action to prevent the hedge reoccurring, as the requirements of the Notice are in effect in perpetuity. The Act allows the Council to undertake work where owners fail to comply with the High Hedge Notice with the costs of the work being recoverable from the hedge owner.

• The Council has guidance available on its webpage here.
• The Scottish Governments guide for local authorities is available here.