A couple yesterday celebrated a 19-year battle with a neighbour over the chopping down of 22-metre high trees towering over their home – after the overgrowth was legally deemed a “high hedge”.
In a case which could have implications for many others in neighbour disputes across the country, Roger and Catherine Niven said they were now looking forward to enjoying some sunshine in their back garden for the first time in two decades.
The couple first approached Brian Rizza, 69, back in 2001 about the overgrown hedge because their garden in the Drummond area of Inverness had been left in darkness.
After new legislation was introduced, the couple applied to Highland Council seeking a ‘high hedges notice’, and won their case after arguing the trees had originally been planted as a leylandii hedge.
Mr Rizza appealed and a Scottish Government Reporter concluded the trees met the definition of a high hedge as in the legislation.
She agreed they were impacting on the garden and the rear of the couple’s home, so ordered Mr Rizza to cut them to two metres.
Unhappy with this decision, he raised a judicial review at the Court of Session in Edinburgh. Yesterday, Lady Carmichael stood by the original finding.
Mr and Mrs Niven, both in their 60s, were delighted, and said jointly: “The hedge has been a huge problem for us for years. We have been trying for 20 years to get light into the garden and the house.”
Mrs Niven added: “I look forward to growing plants and getting to sit and enjoy the sun in the garden for the first time in years.”
Mr Niven said: “The case centred on the definition of ‘what is a hedge?’ We argued it had originally been a hedge that had grown into trees. A lot of others across Scotland will now be looking at this judgement in our favour and be given some hope.”
Pat MacLaren, of pressure group Scot Hedge, said: “I am delighted for the Nivens, it’s been a 20-plus year disgrace.
“Perhaps, this year, they will be able to see some daylight and sunshine.”
Mr Rizza argued the trees did not meet the criteria for a high hedge as laid down in the High Hedges (Scotland) Act 2013.
However, the judge ruled: “It is a matter of public notoriety that leylandii are used to form hedges. While the circumstances that leylandii are planted will not be conclusive as to whether there is a hedge, it is a relevant consideration.”
The trees were ordered to be cut down within 10 months, although Mr Rizza, 69, has a right of appeal. Attempts to contact him were unsuccessful.