The 36ft tree-growing neighbours of a couple claimed were making their life miserable and won the battle to get them removed.
George McMillan (72), and his wife were involved in an extended dispute with Edward Kelly about the tall cypress leiylandii that stood between their houses.
The couple claimed the bedroom in Paisley in Renfrewshire. It was kept dark and they tried to talk to Kelly about getting them lopped.
However, their pleas were unsuccessful and they decided to turn to Renfrewshire Council as high-hedging legislation allowed.
A council order was issued stating that the McMillans had been adversely affected and directed them to cut the trees to the ground.
The 36ft tall trees of their neighbor have been deemed to be causing their problems and they have now won the battle to get them removed. George McMillan (72), and his wife were involved in an extended dispute with Edward Kelly about the tall cypress trees between their houses.
McMillans claimed that there should have been more trees cut because they formed part the hedge. The McMillans appealed for help from the government.
Officials agreed to the marriage and increased the scope of the order by including the fall of three leylandii, a fir and the reduction in the height of two Rhododendrons as well as the bamboo shrub’s height to 6.5ft.
McMillans addressed a letter to Kelly, stating: “Over the years we have tried to engage discussions on the topic of overhanging and height of trees within the grounds of the above address.
“Although things didn’t go as planned, there was no happy ending.
The bedroom is facing onto the trees. Because they are only ten feet away and overhang our roof, little light gets in.
According to their appeal, the tree on the property’s side was undoubtedly part of the hedge. It adds to reasonable enjoyment. However they were not considered.
The couple claimed the bedroom in Paisley (above), Renfrewshire. It was kept dark and they tried to talk to Kelly about getting them lopped. The couple appealed unsuccessfully to Mr Kelly and turned to Renfrewshire Council, who issued an order under High Hedge legislation. According to Renfrewshire Council, the McMillans were being adversely affected and the council ordered that they be chopped to ground.
Kelly didn’t appeal the council’s decision and stated that he was satisfied with the outcome.
Council stated in their decision: “The council has determined that the hedge concerned both constitutes high hedges for purposes of the Act and adversely affects domestic property enjoyment which an occupant could reasonably expect.
Philip Barton, Government reporter said that he agreed with appellants and felt the council’s method of identifying high hedges was flawed because it did not reflect the law.
“In order to balance the harm caused by high hedges against their value to hedge owners and general amenity value, I believe that falling the cypress cultivars, fir and the bamboo to two meters is the best way to reduce the height of the Rhododendrons, and bamboo. [6.5ft]They must be kept at no higher than 2.35m. [7.7ft]This would be the best course of action.
“This would resolve the concerns of the appellants while also allowing the vegetation to flourish and continue its role as an ornamental and boundary planting.
“Consequently, I believe that the high-hedging notice should be confirmed and modified in line with my above reasoning.