The High Hedges (Scotland) Act has been brought into use to help resolve a dispute between neighbours over the height of a hedge, reports the Telegraph.
The dispute is over a 34-ft hedge that belongs to Mr and Mrs MacRae, and divides their garden in Ballachuilish from that of their neighbours, Mr and Mrs MacLeod.
The MacLeods describe the hedge as 'overbearing and oppressive', and claim that it blocks light from their property and also blocks the views they used to have across Loch Linnhe.
Highland Council had carried out an inspection following complaints from the MacLeods and ordered the MacRaes to cut back the height of the hedge to around 2.5 metres.
However, the MacRaes refused to comply with this order and instead have appealed to the Scottish Government under the High Hedges legislation. They claim that the Council has treated them unfairly and failed to recognise that one of the Cypress trees in the hedge holds great sentimental value for them, as it was a gift from Mr MacRae’s now deceased mother.
The High Hedges (Scotland) Act came into force on 1st April 2014 and was intended to provide a solution to problems caused by hedges which grow over two metres tall and block out light.
Under the Act, home owners and occupiers have a right to apply to a local authority for a high hedge notice, and local authorities are empowered to enforce decisions made in relation to high hedges in their local area.
If the applicant or the hedge owner is unhappy with the local authority’s decision, they have the right of appeal to Scottish Ministers. The appeal will be examined by the Scottish Government’s Directorate for Environmental and Planning and Appeals, and the outcome of this decision is final.
The couples are now waiting for the Government’s decision in relation to their dispute.
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Sources:
http://www.telegraph.co.uk/news/2016/05/31/highlands-couple-in-row-with-neighbours-over-34ft-high-hedge-ref/
http://news.scotland.gov.uk/News/High-Hedges-Act-9d0.aspx
