A couple from Uddingston in Lanarkshire have successfully used the High Hedges (Scotland) Act to resolve a dispute with their neighbour over the size of leylandii trees in her garden, reports the Daily Mail.
The couple obtained an order under the legislation that four trees, varying in height from 33ft to 49ft, be reduced to 13ft, and that a fifth tree be reduced from 26ft to 20ft.
The legislation came into force in Scotland on 1st April 2014, and is aimed at resolving disputes between neighbours over the size of garden hedges. In particular it is intended to provide a solution to problems caused by hedges which grow over two metres tall, and block out light.
Under the Act, home owners and occupiers have a right to apply to a local authority for a high hedge notice, and local authorities are empowered to enforce decisions made in relation to high hedges in their local area.
The dispute over the trees in question had begun as far back as 2007, and in August last year Mr and Mrs Campbell applied to North Lanarkshire Council under the Act. They complained that the trees in their neighbour’s garden blocked light from their own garden, and also expressed concern over the damage that could be caused to their property should one of the trees fall down.
The Council found in their favour but their neighbour, Mrs Wilson, appealed against the decision to the Scottish Government, claiming that the trees were necessary to maintain her privacy. However, the Government reporter has now rejected her appeal and ordered that the trees be cut back.
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