NEIGHBOURS have gone to war over a row of 20ft trees which some locals want chopped down – but the owners are fighting to keep.
Charles Welsh has been locked in a row with neighbours Mohammed and Saima Faheem over the hedge between their properties in Crookston, Glasgow.
Welsh claimed the trees made his life a misery and stopped him from using solar power to reduce his energy bills, and enjoying his veranda.
He went to Glasgow City Council under high hedge laws and officials told the Faheems to reduce the height to 10ft.
But they appealed to the Scottish Government, which amended the ruling and said the trees would only have to be reduced to 13ft.
The couple claimed chopping them down would impact their privacy and on wildlife in the area.
Now one neighbour, 84-year-old John Galbraith, said: “I follow him [Charles Welsh], he’s in charge, he wants rid of it.
“He [Mohammed Faheem] doesn’t speak to anyone… his wife’s a nice person I’m told, but I don’t bother with him.
“I think everybody is frustrated, the trees blocked my view when my son was going out, he’s disabled you see.
“I’ve got to keep an eye on him, sometimes he sneaks out on his own.”
Another neighbour, a 20-year-old who asked not to be named, said: “I don’t know about the complaints, not many people would complain about them.
“Since we’ve lived here the trees have been there.
“I personally don’t know Mr and Mrs Faheem, I honestly think it’s their privacy.
“They pay their council tax, it’s their house, they pay their mortgage, why would anybody have an issue?
“Mr Welsh is a very nice person, he’s a very nice neighbour, it’s a very nice neighbourhood to live in.”
By Marc Shoffman
OVERGROWN hedges are a common source of neighbourly disputes, but what are your rights if your neighbour’s hedge is taking over your garden?
Hedges do have benefits for homeowners as they provide security, as well as shade and a home for wildlife.
But an overgrown hedge from the next door garden can be a nuisance.
It may block the light and sunshine into your garden, which can be pretty annoying in the summer.
Plus, your garden could be messed up with its dropped leaves and twigs.
So what are your rights?
If you’re in a disagreement with your neighbours over their hedge, there are some steps you can take to try to get the situation sorted.
A useful first port of call is the government guidance on hedge heights, which lays out the rules on when a garden growth has gotten out of control.
The Royal Horticultural Society (RHS) suggests that homeowners should use this guidance first before involving lawyers.
It said: “Where you feel that a hedge is too tall and affects the ‘reasonable’ enjoyment of your house or garden, the first step is to negotiate with your neighbours.
“Keep a copy of any letters to demonstrate you have tried.”
If this fails, you can contact your local council to enquire about using the high hedges legislation.
You can find your local council using the Gov.uk website.
There is no guarantee your council will intervene, and there is a fee for making a complaint, typically £400, to deter frivolous applications.
Your local authority will consider both sides’ cases and make a decision.
If the council accepts your complaint, it will issue a notice for the hedge to be cut to a requested height by a set deadline.
Councils have the power to fine homeowners up to £1,000 if they refuse to comply with orders to cut hedges back.
But the neighbour is also able to appeal the decision.
Even if the hedge is within the legal height, your neighbour is responsible for maintaining it so it doesn’t damage your property.
You are also able to trim back any overgrown parts of the hedge that are covering your own boundary, according to Citizens Advice.
But don’t be tempted to trim the whole hedge down – if you are cutting it back you should also check if it’s protected by a tree preservation order.
There is also the option of getting legal advice and taking your neighbour to court if the issue can’t be resolved, but this can be pricey.
Mr Welsh had previously told the government: “From 6am the hedge casts a shadow and this continues for the rest of the day.
“I cannot enjoy my veranda as it’s always in shade and I would just like to sit out and have a coffee in the sunshine.
“Due to the shade from the high hedge, the entire side of my house is always in shade and cold and this costs me more money to heat my home.
“I have been driving electric cars for more than seven years and was hoping to have solar panels fitted to my roof to charge my car and also help reduce my energy bill.
“Again due the the hedge height, I cannot fit solar panels as they would be in the shade.”
In a letter to the government, the Faheems said the trees not only afford them privacy in their home, but were are home to a host of wildlife “which if reduced to three metres (10ft) will leave bare tree stumps without foliage”.
They added: “There are six trees with trunks of approx three metres in height.
“If reduced to the three metre height as specified in the high hedge notice issued all that will be left will be stumps with no foliage.
“The reason provided for the high hedge notice is that it has an overbearing and dominant impact on the property.
“This is disputed on the ground that the trees do not form a barrier to light to the occupants and do not cause any obstruction to their views or to the enjoyment of their property.”
Issuing their high hedge notice, the council said the hedge was considered to have an “overbearing and dominant” impact on the property and garden grounds.
But, amending the council decision, government reporter Alison Kirkwood said: “Based on my assessment of impact on the reasonable enjoyment of the veranda, I do not consider the requirement to reduce the height of the trees to three metres would be justified.
“Instead, I consider that a maximum height of four metres (13ft) from ground level would be appropriate to address the adverse impact on the veranda, whilst also taking account of the privacy concerns raised by the appellant.
“I am also satisfied that, subject to the required tree works taking place outwith nesting season, there would be no harm to birds or biodiversity.”
