A COUPLE who claimed their neighbours’ 11ft hedge ruined their lives have lost a fight to have it chopped down.
Charles and Josephine Baillie said Stuart Jenkins and Elina Zvejniece’s bush was so unkempt it impacted the value of their home.
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They also complained it blocked light from flooding into their garden.
At their wits end, the couple asked the council to trim the twiggy mass in Bannockburn, Stirling, to 6.5ft.
But Stirling Council ruled it was not impacting their property, was regularly maintained and offered their neighbours’ privacy.
The decision not to issue a high hedge notice left the couple livid and they appealed to the Scottish Government.
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But they upheld the ruling.
The Baillies say they now face years of “stress and physical hardship” following the decision.
Mr Baillie added: “The sale value of our property will be considerably reduced should we decide to sell the property in the future.
“Both my wife and I are over 70 and have continued health issues.
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“This decision by Stirling Council has caused both my wife and I considerable stress and will cause physical hardship attempting to maintain our side of this hedge even at its present height.”
The couple, who have lived in their home for 44 years, say the hedge was never an issue with previous neighbours.
Mr Jenkins insisted he did as well but stressed he also enjoyed the privacy it offered.
In a letter, he said: “I can confirm that we will carry out annual maintenance on the hedge to keep it within the current range.
“It was never our intention to be difficult about the hedge height, we just really value the privacy the hedge gave us in our back garden.”
Stirling Council said: “The current hedge height is not considered to have a negative impact on the light levels to garden and house nor the occupant’s enjoyment of their property.”
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Know your rights
Anyone considering applying for a high hedge notice must have tried to settle the issue with their neighbour before making an application.
If a local authority receives an application where there is no evidence that the applicant has tried to do this, they must reject it.
Usually the first step for an applicant to take is to discuss the issue with their neighbour to try to settle the problem amicably.
They should keep records of all attempts to settle the issue, for example, a diary of conversations held or a series of receipts for postage, and should include these with their application.
A definition of ‘reasonable steps’ to try to settle the matter without referring the case to the local authority would be two formal approaches to the neighbour within a six-month period before applying for a high hedge notice.
The applicant should keep a copy of any letters they have sent to their neighbour, with a record of their delivery, as the local authority will normally ask to see these letters as reasonable evidence of the applicant’s own attempts to settle the dispute.
Another option for settling high hedge disputes without involving the local authority is mediation.
People may contact their local authority informally to discuss a possible application.
An application for a high hedge notice can only be made under the Act for a hedge which is a high hedge.
In Scotland a high hedge is considered to be more than 2 metres tall from ground level.
