'Leylandii law' to end growing pain of neighbours' hedge wars

Published on Sunday 10 September 2006 10:10

HOMEOWNERS who allow overgrown hedges to ruin neighbouring properties will have the offending foliage chopped down by council workers before being presented with the bill, under a new law that could come into force next year.

So-called "Leylandii wars" have hit communities throughout Scotland as irresponsible residents allow hedges, trees and roots to grow out of control, blocking out sunlight and even undermining buildings and water pipes.

A Tory MSP now has Executive backing to introduce a law that would give officials draconian new powers to enter gardens, remove the problem and charge the offender hundreds of pounds.

David Petrie believes most disputes can still be sorted out amicably but that councils need the power to take direct action in some cases.

England and Wales introduced new hedge war legislation a year ago following a string of bitter disputes, the most notorious of which culminated in a fatal shooting.

North of the Border, a widely publicised case involved Hearts boss Chris Robinson and opera singer Colin Watson. The bass baritone accused his Edinburgh neighbour of failing to trim a 30ft-high hedge which was blocking the light.

After three years of rowing, Robinson agreed to chop down half the offending greenery.

At present, a householder who is in deadlock with a neighbour regarding overgrown vegetation has little alternative but to take expensive civil court proceedings arguing that a "nuisance" is being caused.

Petrie, Tory list MSP for the Highlands and Islands, will this week put forward a legal solution to the Scottish Parliament. He said: "Councils need the powers to intervene. This has been talked about for years now and nothing has happened."

The former civil engineer, who previously worked with Scottish Water, added: "Various people have approached me and talked about how much of a problem it is.

"I know from my own postbag and from other MSPs how strongly people feel about it and how it affects their lives.

"I did plant some Leylandii myself a few years ago when I lived in Oban and I was shocked by how quickly they grew. They can easily go out of control."

Petrie said his own experience as a Scottish Water engineer had shown him how destructive tree roots could be.

He said: "If there's a leak in a pipe, the roots just make for the moisture and block and break up the pipe."

Under Petrie's proposals, councils will have the power to intervene in disputes over hedges more than two metres tall, where the two sides have failed to settle matters.

Councils will make a final attempt at mediation, and if that fails - and they rule that the hedge is causing a nuisance - officials will have the right to tear it down and send the bill to the owner of the offending greenery. The cost of removing a typical hedge could be as much as 800.

Leylandii have come to typify hedge wars because of their ability to grow at a yard a year up to heights of 100ft.

A study by the Bradford & Bingley Building Society, published in 2003, estimated that a hedge dispute could typically knock about 15% off a house's selling price, and might kill off any possible sale completely.

Following his row with Chris Robinson, Colin Watson became the campaign organiser for lobby group Scothedge, which supports neighbours affected by hedge disputes.

He said of his own experience: "It was one of the worst of my life. I was retiring and looking forward to writing a book, and instead I suddenly found myself embroiled in a dispute which took up my time and caused me immense stress. I ended up with high blood pressure and had to go in for a scan.

"The trees of the hedge were touching the windows of my property. Our study had virtually no light at noon on a summer's day."

He added: "Because there's no statute for this kind of situation, a person is expected to deal with it simply by force of personality. And if you don't like confrontation that's very difficult. If the other side tells you to 'bog off', there's not a lot you can do.

"It seems very strange that you can be prevented from putting up a satellite dish because of a neighbour's objection but you can go ahead and put up a huge hedge.

"We're giving the [new law] our full backing and we're delighted to hear of it. People are suffering because of hedges which are out of control and they cause terrible bitterness between neighbours."

The most tragic case in the UK happened in June 2003, when George Wilson of Lincoln was shot dead in a 'hedge rage' row with his neighbour Robert Dickinson, who was later found hanged in his cell.

Petrie's original plan was to introduce the law as an amendment to a planning bill currently going through Parliament. A spokesman for the Scottish Executive said they were sympathetic to the new move but would rather support it as a separate bill.

'PEOPLE SHOULD NEED PERMISSION'

MARGARET and Roger Brewer have found themselves enclosed by high hedges since moving in to their property in the Barnton area of Edinburgh 25 years ago.

They are now locked in on two sides, by one 35-tree, 20ft high barrier, and by another hedge two gardens along, which is 45ft high and blocks out the sun between October and March.

Roger Brewer said: "When we moved in we noticed the hedges but as time went on they just seemed to grow and grow with nothing being done about them.

"Five years ago we were finally 'allowed' to trim our side of the nearer hedge to about 14ft; they wouldn't trim it themselves. But then new neighbours moved in and they're not so up for that. And I'm getting a bit older and it's not so easy for me to do in any case."

His wife Margaret said: "We have tried mediation, but if the other side won't talk then you can't really negotiate. If people stick those things up then they should be obliged to keep them under control.

"I'm very disappointed that the Scottish Parliament hasn't managed to do anything about this in over six years. The cynical side of me thinks they won't do anything until a problem like this affects an MSP. We at least can get away from it when we leave the house, but for those who are house-bound these hedges must be terrible and so depressing.

"Why shouldn't you need permission for a hedge when you need it for a building?"