A growing discontent

Householders affected by so-called ‘hedge rage’ are being invited to have their say on legislation intended to cut back on the problem, as Michael Alexander found out

We won our case hands down ... yet the hedge owners basically took the mickey out of the law

When Denis and Maureen Parry’s neighbours were ordered to cut back their boundary hedge because it was blocking their light, the couple were elated.

The dispute had ended in court after the Parrys sought and won an order under the High Hedges (Scotland) Act and they felt relieved it would draw a long-running battle to a close.

However, instead of trimming the offending leylandii shrubs to 12ft as instructed, the neighbours removed every second conifer between the two properties in Leven Road, Lundin Links, meaning the boundary no longer qualified as a hedge under the terms of the legislation.

Fife Council said it would take no further action in the row because its notice had been “largely complied with” but two years on, Mr and Mrs Parry are still angry they were denied justice by a legal loophole.

Now, as the Scottish Parliament prepares to scrutinise its three-year-old High Hedges (Scotland) Act, the couple hope to see the legislation strengthened to prevent any similar situations arising in future.

“We won our case hands down when a Scottish Government reporter came down on our side after an appeal – yet the hedge owners basically took the mickey out of the law,” said Mr Parry, 87, a retired insurance businessman, who has lived at the property since 1990.

“They removed alternate sections of the hedge so it is technically a row of 20ft-high trees. That was very crafty of them. The legislation needs to be tightened up.”

The neighbours have previously refused to speak to The Courier and could not be contacted this week.

However, the law as it stands is clearly in their favour, since it states a row of trees cannot be considered a hedge if it has “gaps which significantly reduce its overall effect as a barrier”.

It’s an issue which has sparked disputes across the country.

In Angus, Pam and James McDougall, from Inverkeilor, set up campaign group Scothedge after they too were left miserable by a high hedge bordering their property.

The couple were “absolutely thrilled” when the High Hedges (Scotland) Act was passed, giving local authorities powers to deal with problems.

However, Mrs McDougall agrees a review is now needed.

“When the High Hedges law was passed in 2013 we had a sense of achievement and hoped that at long last high hedge victims had redress in law,” she said.

“Many people throughout Scotland benefited but loopholes have become identified which need to be addressed.

“Some have been denied justice due to the high costs of applying for a high hedge notice, which notifies councils to investigate a complaint and reach a decision under the law.

“This is a great opportunity to help reset the guidelines and help councils apply the law in the way it was meant to work – and open up light in our homes and gardens.”

The legislation was introduced following a members’ bill by SNP MSP Mark McDonald, who said overgrown hedges could blight people’s lives.

It defines a high hedge as a row of two or more evergreen or semi-evergreen trees or shrubs, which rise to more than two metres above ground level and forms a barrier to light.

The law allows people to apply to their local authority for a high hedge notice if their neighbours’ bush “adversely affects the enjoyment” of their home to an unreasonable extent.

Councils can step in to settle disputes and can issue enforcement orders to owners or even carry out work themselves.

Holyrood’s local government and communities committee, which started collating information this month, now wants information on how the law has worked and how it could be strengthened.