High hedges legislation chops ‘tall, dark green wall’ down to size

Jonathan Heaney, 42, had initially refused to slash his 15 metre cypress trees, saying they pre-dated the construction of the neighbouring property belonging to Philip McAulay in Bothwell, Lanarkshire.

But after Mr McAulay invoked the High Hedges (Scotland) Act 2013 the local council and a government officer have now told Mr Heaney to chop the trees down to four metres.

Mr McAulay, 79, said the conifers affected his “quality of life”. South Lanarkshire Council agreed.

But Mr Heaney said his £500,000 Victorian mansion was there before Mr McAulay’s house and that his trees should be allowed to remain.

He wrote: “The trees have been on my property for a considerable period of time and pre-date my purchasing of the property.

“My understanding is that the trees also pre-date the construction of Mr McAulay’s property.”

He added: “As such, his property was built with the trees already in place, and it is difficult to see how any serious complaint about impacts on amenity can be made.”

Upon seeing the hedge, a Scottish government officer described it as a “tall, dark green wall”.

Mr Heaney agreed to chop the trees down rather than have them completely removed.

Planning official Malcolm Mahony said in his report: “In the most recent correspondence on behalf of Mr Heaney, it is stated that he has received advice from an arboricultural expert that the trees would be likely to survive pruning to a height of four metres, especially as they have previously been pruned to that height and survived with reasonable vigour.

“He therefore has now offered to prune them to that height, which he considers will continue to offer screening between the respective properties.”

He added: “I consider that the suggested reduction in height to four metres would be sufficient to reduce loss of light and other impacts to an acceptable level in view of all the above circumstances and in line with the legislation and guidance.”