John Hinshelwood and his wife Anne asked for the hedge to be cut
John Hinshelwood and his wife Anne asked property developer Paul Winocour to trim the line of leylandii evergreens after they shot up to 15ft.
Although he did slightly reduce the height, the couple felt the fast-growing trees were still blocking light into their back court.
Despite several requests to resolve the issue, their wishes were ignored and they finally applied for a high hedge notice from East Renfrewshire Council last summer.
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But the application was turned down in August, with the Hinshelwoods then appealing to Scottish ministers.
But Government Reporter Chris Norman last week ruled the hedge “at its current height, does not adversely affect the reasonable enjoyment of the appellants’ house and garden”.
He added it did not “reduce to any significant degree the amount of light that enters” the Hinshelwoods’ property and dismissed the appeal.
The neighbour cut some height but the hedge was still blocking light
Mr Hinshelwood, 62, was disappointed by the decision.
When my illness put me in the wheelchair, we even had a ramp installed so I could continue to enjoy it
The grandfather-of-four, who lives in Giffnock and does small scale property development with his 61-year-old interior designer wife, added: “It’s been a long haul, going on for the best part of two years now.
“We’ve known Mr Winocour for years and when he moved in 10 years ago he planted the Leyland hedge.
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“The hedge is now around 15ft. It is blocking the light in our garden and makes it feel very claustrophobic.
“I used to love that garden; it was my hobby. When my illness put me in the wheelchair, we even had a ramp
installed so I could continue to enjoy it.
“But I’ve only been in it a couple of times in the past 18 months or so.”
The retired estate agent insisted there had been no fall-out with Mr Winocour and added their relationship remained “amicable” for “most part”.
He added: “I am perfectly happy for it to be above the height of two metres (6.5ft), which is the legislation height, and have told him so.
Their application for a high hedge notice was denied
“Mr Winocour has reduced the height at times a bit but he could afford to reduce it further.
“If he’d be happy to bring the height of his hedge down to eight to 10ft, he’d still have the protection he desires but it would make such a difference to us.”
The Scottish Government guidance on high hedges states they have to be completely or mainly formed of a row of two or more trees or shrubs rising to a height of more than 6.5ft above ground level and creating a barrier to light, unless gaps in the hedge “significantly reduce” the overall effect.
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Mr Winocour told officials he did not believe a high hedge notice should be served as it did not act as an “impenetrable barrier to light” and “has numerous gaps between branches to allow light to pass through”.
He reiterated the hedge ensured privacy for his and his neighbour’s garden and property and lowering it would “greatly reduce” this and added the trees also served as a noise barrier and protected them from wind and other elements.
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