Let there be light!
Pensioner, 81, wins court battle forcing neighbour to chop down 15ft hedge
ENJOYING the sunshine in your back garden is a pleasure most householders might take for granted.
But for pensioner James Davies, a 15ft hedge has cast a long shadow ever since he and his late wife Rosemary moved into their 1930s semi- detached home four years ago.
Now the 81- year- old retired industrial engineer has won a court battle to force his neighbour David Lyons to cut down the offending trees, which mean he gets ‘no sunshine at all until after lunchtime’.
Mr Davies, a grandfather of six, said: ‘The trees have been a problem ever since we moved in. My wife and I came here to downsize four years ago, but she sadly died soon after. I repeatedly asked Mr Lyons if he would remove the trees and even offered to share the cost but he was totally resistant.’
The long-running dispute in a suburb of Bolton ended up in court on Monday when Lyons was fined more than £2,000 including costs and was ordered to remove the hedge or face further action.
He had cited a number of reasons why he could not cut the trees down, including nesting birds and having the wrong equipment.
Mr Davies eventually contacted Bolton Council and Lyons was served a remedial notice ordering him to cut the hedge between May 22 and June 29 last year.
But he failed to comply and the case ended up at Bolton Magistrates’ Court.
Despite pleading guilty to failure to take action in accordance with a remedial notice on November 28, Lyons also claimed he did not live at the house.
He said: ‘It’s not my home – it’s my ex-wife’s home and we’ve been divorced for nine years, but I was offering to cut the hedge down as a favour.
‘When I first went to cut the hedge, there were birds nesting in it. Recently I managed to cut down two big branches but the problem is I only have a reciprocating saw, so I can’t cut it if it’s raining or wet.’
But Victoria Cartmell, representing Bolton Council, accused him of being ‘disingenuous’.
She said: ‘When he pleaded guilty, he assured the court it would be resolved by now and while steps have been taken... it’s certainly not compliant.’
Lyons, of Bolton, was fined £1,000 and ordered to pay £1,000 in costs to Bolton Council and a victim surcharge of £100.
After the case, Mr Davies admitted he was shocked by how much Lyons will have to pay.
He said: ‘I’ve tried to tell him it would just be cheaper to hire a chainsaw and do it than go through the courts.
‘He still has to cut it or have it cut and it could have all been done for the sake of £80. It’s shocking really.’