Hedge growing onto an adjacent pavement or footpath from a private property.
In Havant borough, an ordinary hedge growing out from private property onto an adjacent pavement or footpath would normally be dealt with as a highways matter, rather than by Havant Borough Council’s planning enforcement team.
The usual process would be:
- Report the obstruction to Hampshire County Council Highways, which is the highway authority for Havant. Havant Borough Council itself directs residents to Hampshire County Council for problems involving roads, footpaths and pavements.
- Highways would investigate the extent of the encroachment and identify who is responsible for the hedge. The adjacent landowner or occupier is generally responsible for cutting back vegetation that obstructs passage or compromises highway safety.
- The owner/occupier would normally be contacted and asked to cut it back, with required actions and timescales. Hampshire County Council’s guidance says vegetation should be cut back behind the property boundary so that it does not encroach onto the highway. For overhanging vegetation, the stated minimum clearance is 2.3 metres above a pavement or verge.
- If it is a public right of way, the obligation is particularly clear: vegetation growing in from the side or overhanging the path must be cut back so that the path remains clear. An unlawful obstruction of a public right of way can ultimately be removed by the County Council, with costs potentially recovered from the responsible party.
So, in practical terms, the likely sequence is report → inspection → notice/request to the property owner to cut back the hedge → further enforcement or clearance if the obstruction is not dealt with.
A high-hedge complaint to Havant Borough Council is a different process, intended mainly where a qualifying evergreen or semi-evergreen hedge is adversely affecting the enjoyment of a neighbouring property; it is not normally the route for a hedge simply encroaching onto a public footway.
Below are the exact council department/form to use and draft a concise report about the hedge, including wording that describes the obstruction and any accessibility or safety impact.
Option 1
Yes. The correct authority is Hampshire County Council Highways, rather than Havant Borough Council.
Exact department and form
Use Hampshire County Council’s “Report vegetation issues” form, under Highways → Overgrown vegetation. It specifically covers hedges and other vegetation causing an obstruction to a pavement or footway. Click this link or the graphic below Report vegetation issues
Hampshire County Council states that a hedge adjacent to a public highway is normally the responsibility of the adjoining landowner or occupier, and that it may contact them with the required action and timescale where the vegetation obstructs passage or compromises highway safety.
If the route is a public right of way rather than an ordinary pavement/footway, use the separate Report a problem on a right of way process instead. Click this link or the graphic below Vegetation obstructing the highway
Suggested wording for the report
You can adapt the following and paste it into the description box:
Overgrown hedge encroaching onto public footway
I wish to report a hedge growing from the boundary of [property/address or location]onto the adjacent public footway at [road name, town, postcode or precise location].
The hedge is encroaching onto the usable width of the footway and is obstructing pedestrians. It is particularly difficult for [wheelchair users / people using mobility scooters / parents with pushchairs / pedestrians carrying out normal passing movements — delete or amend as appropriate] to pass without moving onto the road or otherwise negotiating around the vegetation.
The obstruction creates a potential safety and accessibility concern because pedestrians may be forced closer to moving traffic or may have to leave the footway to pass. The problem is particularly noticeable at [specific point, e.g. outside number X / near the junction with X Road].
Photographs are attached showing the extent of the encroachment. Please could Hampshire County Council inspect the location and, if appropriate, take the necessary action with the adjoining landowner or occupier to ensure that the footway is kept clear and safely usable.
Location: [full location]
Date observed: [date]
Useful tip: attach photographs showing (1) the hedge from a distance so the location is clear, (2) the narrowest point of the footway, and (3) the effect on pedestrian passage. Hampshire County Council specifically says that photos help it assess vegetation reports.
For an ordinary pavement, I would select “Overgrown vegetation”, not “Pavement or footway issue”—the former is the more directly relevant reporting category for a hedge encroachment.
Option 2
Yes. For a hedge encroaching onto a normal pavement/footway in Havant, the correct authority is Hampshire County Council Highways, not Havant Borough Council. Havant Borough Council specifically says that problems with roads, footpaths and verges should be reported to Hampshire County Council unless the land is council-owned.
Exact department and form
Use Hampshire County Council – “Report vegetation issues”. This is the specific form for hedges and other vegetation causing an obstruction. . Click this link or the graphic below Report vegetation issues – Hampshire County Council
If the route is actually a recorded public right of way rather than a normal pavement/footway, use the separate Rights of Way reporting form instead. Hampshire County Council distinguishes rights of way from ordinary pavements and footways.
Click or the graphic below.
Suggested report wording
You can paste the following into the description box and adapt the bracketed sections:
I wish to report an overgrown hedge encroaching from private property onto the adjacent public footway at [full location/address, including the nearest house number or landmark].
The hedge is growing out over the footway and is reducing the usable width of the pedestrian path. Pedestrians are being forced to walk closer to the carriageway / onto the road / around the obstruction [delete as appropriate].
This creates a potential safety and accessibility issue, particularly for people using wheelchairs or mobility scooters, people with visual impairments, and parents with pushchairs. The obstruction also makes it difficult for two pedestrians to pass safely [include if applicable].
The hedge appears to be growing from the boundary of [property address or a clear description of the property]. Photographs are attached showing the extent of the encroachment and the remaining usable width of the footway.
Please could Hampshire County Council inspect the location and, if appropriate, contact the responsible landowner or occupier to require the vegetation to be cut back so that the public highway is unobstructed and safe to use.
I would be grateful if this report could be assessed as a highway obstruction and accessibility/safety issue rather than simply as a general hedge-maintenance matter.
The wording about the public highway, obstruction, safety and accessibility is appropriate because Hampshire County Council states that adjacent landowners or occupiers are responsible for maintaining hedges where growth obstructs passage or compromises the safety of highway users. Its guidance also says vegetation should be cut back behind the property boundary and gives a minimum clearance of 2.3 metres above pavements and verges.
Practical tip: attach clear photographs, ideally one showing the whole location and others showing the obstruction from a pedestrian’s viewpoint. Hampshire County Council says photographs help it assess and locate vegetation problems.
