Neighbour livid that subsequent door’s excessive hedge is spoiling his household’s summer season barbecues loses struggle to get it trimmed down
A furious man locked in a battle with his neighbour over a high hedge that is ‘spoiling his summer barbecues’ has lost the fight to get it trimmed down.
Under the High Hedge Act in Scotland, homeowners can face regulations over how tall their garden shrubbery can be, with the law introduced back in 2013.
It has allowed residents to complain about their neighbour’s hedges and call for them to be trimmed down if there is a significant impact on their property.
And one man from Aberdeenshire did just that in an attempt to settle a row over the size of a hedge.
In an application to the local council, the man from Fraserburgh, who has not been named, argued his neighbour’s hedge was leaving his garden dark in summer.
Planning chiefs were informed that the neighbour had been ‘approached’ three times last year and was asked for the hedge to be trimmed to a ‘reasonable level.’
The neighbour had agreed to cut back the bush, but eventually opted against trimming the hedge amid concerns he might kill it.
The man added: ‘This shows to me that the neighbour agrees that the hedge is too high.’
A furious man locked in a battle with his neighbour over a high hedge that is ‘spoiling his summer barbecues’ has lost the fight to get it trimmed down (pictured: the hedge)
In his complaint, he claimed the high hedge was ‘ruining the summer fun’ for his kids and that it was also ‘spoiling his summer feasts.’
He further stated how when he first moved to the property nearly a decade-and-a-half ago, he could relax in the sunshine in the garden until the early evening.
They also noted how they had spent a hefty sum ‘modernising’ the Kirkton Road garden for the children, but claimed they now have to go back indoors at 4.30pm due to the hedge.
He continued: ‘They are out of the garden due to the height of the neighbour’s hedge, meaning their fun has to end early.
‘Even in the hot summer days, when planning a BBQ, once it is time to sit down and eat the food outside, my whole garden is in shade. More often than not, we end up eating inside.’
Council experts investigated whether the high hedge ‘has an adverse effect on the enjoyment of a property’ and officials stated: ‘It is accepted that the high hedge will prevent some sunlight from entering the appellant’s rear garden.
‘By mid-afternoon (3pm onwards) the shadow of the existing hedge starts to cast into the garden.
In an application to the local council, the man from Fraserburgh argued his neighbour’s hedge was leaving his garden dark in summer (image shows the shadow created by the bush)
‘By 7pm the whole of the garden is in shadow, which is as a result of the existing hedge.’
However, it was deemed it would only be reasonable to request the bush be cut down by 45cm, prompting concerns it was not worth taking that course of action.
Officials refused the application, stating: ‘The hedge currently provides screening between both properties, ensuring privacy and preventing overlooking. The hedge provides privacy to both neighbours.
‘To serve a High Hedge Notice would not result in a significant betterment to the garden. To serve a notice would have a minimal impact and would not sufficiently improve the enjoyment of the domestic property.’
