Strategically planted shrubbery designed to block a neighbour’s light or views, or ‘spite hedges’ as they are known, may soon be a problem of the past if laws enacted this month in New South Wales are replicated in other states of Australia.

Usually planted after a falling out between neighbours over development applications, spite hedges are passive-aggressive weapons in suburban Australian warfare and the Cyprus Leylandii is the common weapon of choice. The introduced species grows rapidly to form dense hedges up to 15 metres high, blocking sunlight and outlooks.

Owners of affected properties suffer loss of amenity but there are broader effects, encompassing social, community, economic and environmental costs, as many an estate agent is aware.

Uncontrolled hedges have resulted in extreme animosity between neighbours. In 2003, ‘hedge rage’ resulted in two Britons locked in a bitter ongoing dispute to shoot each other. Another man collapsed and died after a fierce argument over a Privet hedge with his neighbour. Legislation was subsequently introduced to deal with the problem in the UK.

The economic cost can be measured by losses in house values where there is a massive reduction of light and/or views. Particularly fast growing hedges such as Leighton Green and Cyprus Leylandii are costly to maintain, requiring pruning three to four times a year to keep them manageable for the rest of their lives. They can live for up to 100 years!

High hedges also result in the loss of biodiversity and often result in massive loss of solar access to properties. The reduction of sunlight and warmth to habitable areas of homes results in additional use of non-renewable energy sources, both for heating and light. Plus, if not trimmed appropriately, many hedges become hollow inside their trunks therefore presenting an increased fire risk.

From this month in New South Wales, the Land and Environment Court will gain the power to intervene in cases where neighbour negotiations have broken down. This will provide a simple and inexpensive process for resolving disputes without the need for a lawyer.

Legislation passed in New South Wales’ Parliament in May empowers the court to determine the appropriate height at which the hedge must be maintained, balancing the right to privacy versus the broader benefits of maintaining healthy urban vegetation.

If the tree or hedge owner refuses to comply with the court order, councils may lop the tree or hedge and charge the costs to the owner. If council does not step in, criminal proceedings may be brought against the owner.

Several lobby groups have called for national initiatives to lessen the impacts of problem hedges. However, where intervention is required, such groups have called for broad legislation, similar to that of New South Wales’, which regulates heights and gives property owners recourse to justice when light and views are severely affected.

It is suggested that education about appropriate conduct with hedges would help, as people don’t always start out with injurious intentions. Native vegetation can often form a far more effective windbreak than dense hedges. Also, other plants can form effective privacy hedges without the problems associated with Cyprus Leylandii.

Other Related posts:

1. Local Christmas Lights on Display This time of the year some of our local residents decorate their homes in an...

Tagged: cyprus leylandii, neighbour disputes, spite hedges

Follow: Subscribe to this post's comments