Man loses battle to force neighbour trim hedge after ‘spoiling barbecues’

The hedge leaves the family garden in darkness on summer evenings

The hedge leaves the family garden in darkness on summer evenings (Image: Aberdeenshire Council)

A man from Aberdeenshire has lost a battle to force his neighbour to trim an down to a “reasonable level”.

The man, from the port town of Fraserburgh, was furious that his neighbour’s high was leaving his garden in the dark during the summer months – and launched a campaign to have it cut back so he could once again host barbecues and let his young children play outside.

But despite appealing to Aberdeenshire Council under ‘s High Hedge Act – which can force homeowners to chop down their greenery if it negatively impacts those living around them – his hopes have been shot down by the local authority.

He told council officers that he had approached his neighbour on three occasions “asking for the hedge to be cut down to a reasonable level” – and was initially told that it would be trimmed down to the height of his garage.

After speaking with their gardener, however, the neighbour had a change of heart and “refused” to go ahead with the plans out of fear of “killing” the hedge.

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Council officials said a High Hedge order wouldn't make a difference for the garden

Council officials said a High Hedge order wouldn’t make a difference for the garden (Image: Aberdeenshire Council)

“This shows to me that [they] agree that the hedge is too high,” the disgruntled Scot, who has not been named by local media outlets, said.

The Aberdeen local fondly remembered enjoying the sun on his back garden well into the early evening before the hedge’s gradual 15-year growth left him and his family in the perpetual shade.

It had “ruined the summer fun” for his children, he argued, and made it near-impossible to host barbecue “feasts” for friends and family.

He also claimed to have shelled out a “hefty sum” on doing-up the garden for his little ones – only to now send them back inside at 4.30pm due to a complete lack of light for them to play in.

Mourning that their fun has to end early he added: “Even in the hot summer days, when planning a barbecue, once it is time to sit down and eat the food outside, my whole garden is in shade.

“More often than not, we end up having to eat inside. 

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“My partner [also] finishes her work at 5pm and even at that early time, she cannot sit in the back garden and enjoy the sun due to the height of the neighbour’s hedge.”

Council officials examined the property and concluded that the hedge began to cast shadows onto the small garden from around 3pm onwards.

“It is accepted that the high hedge will prevent some sunlight from entering the garden,” they said. “By 7pm, the whole garden is in shadow, which is as a result of the existing hedge.”

However, they decided that it would only be reasonable to make the neighbour trim their hedge by 45cm – something that would only have a “minimal impact” on the problem.

“The hedge currently provides screening between both properties, ensuring privacy and preventing overlooking,” officers added.

“To serve a notice would not…sufficiently improve the enjoyment of the domestic property.”

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