06 November 2023 , 15:59
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A group of Edinburgh residents have taken matters into their own hands, trimming a neighbour's "high hedge" that they say blocks sunlight and leaves their conservatories feeling "cold and dull". David Linkie, Jeremy Jones and another resident had previously complained about Barry Rice's hedge to the council, claiming it was "dangerous and expensive" for them to maintain, but no action was taken.
After appealing to the Scottish Government, the decision was overturned and a high hedge notice was issued to Mr Rice, requiring him to reduce the height of his hedge from just under four metres to three metres. Planning reporter Amanda Chisholm concluded that the Leylandii trees "adversely affected" the neighbours' enjoyment of their gardens.
At one point during the dispute, the frustrated Fairmilehead residents cut the hedge themselves and dumped six bags full of branches and clippings outside Mr Rice's house for him to dispose of, which he said left his wife feeling "intimidated". Mr Rice argued that it was "unreasonable for anyone to expect full sunshine all day long".
One neighbour, David Linkie, wrote to the council saying that a lower hedge would "help to reduce the cost of heating the lower back end rooms of the house". He also claimed that the tall hedge was stopping them from "better enjoying our outdoor area for relaxing, socialising or exercising" and made his conservatory "frequently cold and dull to sit in" because it blocked natural light.
Another neighbour, Jeremy Jones, said it was "potentially costly to employ professional tree-cutting services once/twice a year to maintain or for me to purchase necessary hedge trimming equipment to get the job done". In a joint statement to the Scottish Government's Planning and Environmental Appeals Division (DPEA), the three residents claimed that revised guidance on high hedges "has not been applied correctly," and there were "errors in the parameters used to calculate light loss". They added: "There is clearly high risk involved due to the height, volume of work involved and using dangerous and sharp hedge trimming tools required to undertake the job."
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After trimming the hedge on their side, they claimed Mr Rice got rid of the branches left near his door but warned them "we won't be accepting the cuttings again", according to EdinburghLive. They said this leaves them with the task of getting rid of the cuttings twice a year.
Mr Rice responded by saying that he believes the hedge "does not seriously impact the reasonable enjoyment of their properties, as the maintenance required is only once or perhaps twice a year".
He stated: "Owning a garden requires all year-round attention but doesn't appear to have any serious impact on reasonable enjoyment, as the sound of children and adults enjoying their garden can be heard throughout the year."
"Everyone's gardens suffer from shading at different times of the day and evening as the sun rotates. It is therefore unreasonable for anyone to expect full sunshine all day long."
He also mentioned: "The six bags left on our kerb side for our disposal fitted into our brown garden waste bin and returned as requested."
"My wife felt it was unnecessary for two men to approach our door and speak to her when she was on her own, making her feel intimidated and claiming that it was our responsibly to dispose of the cuttings left by them."
After visiting the properties, Ms Chisholm disagreed with the council's view that there was "no adverse effect from the high hedge".
In a report, she stated that the row of trees were "overly dominant" and tall enough to affect light levels in the complainants' gardens. A letter sent to Mr Rice said the hedge must be cut down to three metres by March next year at the latest.
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