A couple living under the shadow of a 13-metre-high hedge have had their hopes of a resolution under new legislation dashed.
Jim and Sheila Cameron are among the first to apply for help under Scotland’s High Hedge Act which came into force earlier this year, and reckon their case must be among the worst.
Their bungalow in Giffordtown is 4.5 metres from a row of trees and bushes which they say block the sunlight from one side of their house, including their kitchen and bedroom.
The legislation which came into force in April aims to resolve neighbour disputes about hedges which grow more than two metres high, giving people the right to apply to local authorities for enforcement notices.
The retired grandparents hoped that the law would force their neighbour to chop most of the greenery, predominantly fast-growing leylandii, down.
But a notice to be served by Fife Council falls well short of the two-metre limit they expected, as it allows the hedge to be up to 3.8 metres.
And trees planted immediately behind the hedge are considered woodland so are exempt from the legislation.
Sheila, 69, said: “This does seem to make a mockery of the High Hedge Act.
“The act is to ensure the enjoyment of property by owners by enabling both sun and light to reach their property without hedges being allowed to grow and stop this happening.
“Settling on a height of 3.8 metres will not improve anything as it will still be above our windows and reaching into the roofline.”
She and Jim, 71, are considering appealing to the Scottish Government, as they dispute the council’s method of calculating the appropriate height, which they say differs from that of other local authorities.
Sheila said: “I don’t think you will find any case under the High Hedge Act where the hedge is closer to a building than those trees are to our house.”
Jim added: “We used to have the sun shining in here all the time and we enjoyed beautiful sunsets during the summer. Now the hedge is so dense you can’t see through it.
“We had really high hopes when the legislation came out. We have paid £650 so far for our application and to a lawyer and we have got nowhere.”
A notice requiring the hedge owner to cut the hedge to 3.5 metres and maintain it a height of no more than 3.8 metres, was granted by Fife Council’s north-east area committee.
Service manager Stuart Wilson told councillors: “The applicant is free to seek advice as appropriate. However, it is considered that the calculations and assessment made on what is considered to be a high hedge and exclude those trees that form woodland is in line with the terms of the High Hedges (Scotland) Act 2013 and the decision made by Fife Council’s executive committee on May 6.
“Whilst the applicant may wish to have the hedge reduced to two metres, that is a recommendation I am unable to put forward based upon the assessment.”
The hedge owner did not respond to the council ahead of the notice being approved.