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Daily Record
Daily Record
National
David Meikle & Kathleen Speirs

Scots neighbours at war over towering trees as man ordered to chop down evergreens

A Scot has been ordered to trim down trees in his garden by 10 feet after battle with his neighbours.

Terry Saville claimed lopping the row of colossal conifers would kill them.

The trees sit between his home and that of his neighbours, Neil and May Kidd in Kirriemuir, Angus.

Amid the long battle between the residents the Kidds applied to Angus Council to have the trees lopped.

The pair claimed their home was losing light behind the towering evergreens.

Council chiefs ordered the trees, which stretch 82 feet in length, to be lopped to 12 feet leaving the Kidds disappointed.

Demanding more action the Kidds appealed the decision as they felt the trees needed to be trimmed further.

Saville also went to the government and insisted that reducing the trees to 12ft would kill them off.

He also said a 'tree preservation order (TPO)' in place at the property had been breached by the council and that the trees provided a backdrop to a new housing estate.

The government upheld the council ruling but issued a slight variation on the trees affected.

Saville now has until September this year to carry out the work.

In their appeal document, the Kidds said: "We wish to appeal the high hedge notice because reducing the conifer trees to 3.85m will not remedy the adverse effect on our property.

"The hedge is to our west and the evening sun is low in the sky so a hedge 3.85m up to 4.35m high will not let much sun into our garden or windows.

"The trees forming the hedge to the south of the boundary also create shade and should be included."

Saville said: "We have abided by the TPO which wasn't difficult for us as we purchased the property because we love the trees so much and were glad that they had a TPO to protect them.

"However, our neighbours, started to ask for lots of trees to be removed as soon as we completed the purchase of our home.

"They purchased their property two years before this and so obviously the trees were there when they purchased and they were also aware of the TPO.

"The council have served us with a notice to cut the trees down to a height of 3.85 meters without coming to view the very trees they originally wanted us to preserve.

"If they had have visited to view the trees, they would see that reducing the trees to the height of 3.85 meters will in fact kill the very trees that they stated on the TPO provide a backdrop to the new estate.

"In order to comply with the notice, we have obviously received three quotes for the work to be carried out by local tree surgeons.

"However, all three tree surgeons have stated that they cannot reduce the trees to the councils' suggested height without killing the trees and leaving my garden with dead stumps and of course no screen to the new estate."

Government reporter Steve Field said: "I confirm the decision by Angus Council to issue the high hedge notice, dated 11 November 2021, but vary the notice and issue a revised high hedge notice.

"Overall, I conclude that the hedge, including the three deciduous trees, meets the definition of 'high hedge' set out in the act and the height of the hedge adversely affects the enjoyment of the house and garden which the occupiers of the premises could reasonably expect to have."

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