Get all your news in one place.
100’s of premium titles.
One app.
Start reading
Daily Mirror
Daily Mirror
National
Alahna Kindred

Neighbour loses war over 28ft trees blocking sunlight into doctor's £700,000 home

An antique dealer now has to have his 28-foot trees looped after his doctor neighbour claimed they blocked the sun from shining into his property.

James Henderson, 68, has 15 cypress leylandii blocking the light into Dr David Watts' £700,000 family home - which he claimed was making their lives a misery.

The tree in Stirlingshire, Scotland stretches more than 80ft between their homes.

Talks between the neighbours broke down after Mr Henderson refused to cut the trees down saying it would impact his private.

Stirling Council previously ruled the trees should be kept at 23 feet in height.

Dr Watts appealed the decision to the Scottish government and they agreed the trees should be maintained at a height of no more than 19 feet.

In an appeal letter, Dr Watts said: "The year-round shading of our property by the hedge is considerable with loss of light to the garden and house throughout the day after early morning.

"The decision with regard to action hedge height from Stirling Council does not restore the ' enjoyment of our property that we could be reasonably expected to have as set out in the High Hedges (Scotland) Act 2013.

"I request the hedge should be reduced to 2.4m or less. This will affect a major reduction to the worst of the shading, thereby restoring the reasonable enjoyment of my property."

Dr Watts said he would trim trees in his own garden to gain access to more light and had also hired an expert who said the trees should be reduced to 16 feet.

In a letter, Mr Henderson said: "We value our long-standing privacy, which works both ways, and do not wish the trees reduced in height.

"Unlike deciduous trees that can be shaped and will regrow in an attractive manner when heavily pruned, conifers trees having their height reduced look an absolute eyesore, resulting in dead vegetation on top, and will not regain their shape.

"Were they to be reduced in height they would be stumped, hideous, unattractive and extremely detrimental and counterproductive to both parties."

Government reporter CJ Leigh said: "I find that the hedge does have an adverse impact on the enjoyment that the residents could reasonably expect to have from their house and garden. I also find that there are benefits to the hedge in retaining privacy.

"The notice as issued by the council would address the matter of light.

"But I have found there is a further adverse impact to the outlook of the property.

"A reduction in the action hedge height to the eye level of those within the first-floor principal rooms would, in my judgement, represent an appreciable reduction in the height of the hedge to effectively avoid the undue overbearing effect, whilst ensuring that there is no loss of privacy to the neighbour."

The work must be carried out before November.

Sign up to read this article
Read news from 100’s of titles, curated specifically for you.
Already a member? Sign in here
Related Stories
Top stories on inkl right now
One subscription that gives you access to news from hundreds of sites
Already a member? Sign in here
Our Picks
Fourteen days free
Download the app
One app. One membership.
100+ trusted global sources.