High Hedges Act: the sun shines again on Bridge of Weir villagers

A businessman whose trees towered over his neighbours’ gardens, blocking sunlight and posing a danger to their homes has been ordered to cut them down – under the High Hedges (Scotland) Act 2013, The Herald reports.

The hedges planted on James Turnbull’s £1.4 million estate in Bridge of Weir, Renfrewshire incurred the ire of his neighbours, with one writing that Mr Turnbull stated he grew the hedges because “he didn’t want to have to look at our houses.”

Another resident, Hamilton McClements, 68, said he slept on cushions in the living room – fearing for his life that the trees might collapse on his bedroom in the night.

Mr McClements and fellow neighbour Robert Gale appealed to the Scottish government after Renfrewshire Council rejected their application for the trees to be chopped down.

Robert Seaton, the government reporter, said the offending hedges must be reduced down to size by October.

He said: “I consider that the larches and hemlock opposite the gardens should be removed.

“The removal of these trees should be sufficient to address the matters of sunlight and daylight to the appellants’ properties and their gardens, as well as the issues of the dominance of hedge and needle fall, notwithstanding that other trees may be retained.

“Once the larches and hemlock have been removed, it does not appear to me that any ongoing steps will be required to control the remaining trees.”

The council had claimed “significant gaps” in the hedges permitted light to pass through to neighbouring properties, dismissing the original attempt to have them chopped.

But following the reporter’s ruling, Mr McClements said: “We are relieved to have this decision and look forward to enjoying a sunny garden again after many years in shade.”

He had previously said he was forced to use the lights during the day because of the lack of sunshine.

He said: “These are not especially small windows and it is not unreasonable to expect to be able to rely on light on them alone during daylight hours. But for the hedge, no artificial light would be needed until normal lighting up time.

“Surely it is not unreasonable for the owner of a property with a south-facing garden to expect to be able to grow grass and ordinary standard plants?

“I’m not looking for the ideal garden. I simply want to regain the enjoyment I had before the trees raced skywards and the sun loungers were put into the loft permanently.”

Praising the act, another neighbour wrote that it was a “remedy – particularly against wealthy hedge owners who refuse to consider the impact of their hedges on their neighbours”.

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