An elderly man is to lose his “oasis in the heart of Perth” after a neighbour won a planning dispute over a high hedge.
Perth and Kinross Council ordered Morris Butchart, 80, to remove 11 trees from the eastern boundary of his home in Viewfield House, Letham.
The high hedge order was imposed because the trees were “adversely affecting the reasonable enjoyment” of the neighbours and applicants on Balgowan Road.
Mr Butchart lodged an appeal to retain his “orchard”.
But this has been dismissed by a Scottish Government reporter, who felt his focus was on “irrelevant” matters regarding his neighbours.
Perth homeowner’s ‘irrelevant’ claims about neighbours
“I cannot take them into account,” said David Buylla’s decision notice.
The reporter then listed Mr Butchart’s claims about his neighbours.
“These include: allegations that the applicant is directing rainwater drainage over the boundary wall and into the appellant’s garden,” he wrote.
“Unsympathetic removal of branches from T10 [one of the trees] by the applicant including branches that were not overhanging the boundary.
“And an allegation that the applicant has added extensions to their property without planning permission.”
‘We have tried to work with you,’ says Letham woman
An appeal document reveals details of a letter sent to Mr Butchart by neighbour Louise McQueen in June 2023.
She claimed the trees “are dangerous and getting out of control”, with a large tree “deemed a danger to life”.
Ms McQueen, who has lived in the property for 18 years, wrote: “Limbs have fell off, damaging our property on numerous occasions.
“We have spent thousands having overhanging limbs removed.”
She added that the height of the trees made it “unpleasant” to sit in her garden.
Addressing Mr Butchart directly, the letter continued: “These are your trees and your responsibility to keep maintained.
“We have tried to work with you over the years to come to some agreement to split the cost of getting rid of this problem or even just contribute.
“However, you have refused on many occasions.
“We have showed you pictures of the damage it has done to our garden and property but you have no interest.”
OAP says trees create ‘micro-environment’
Mr Butchart, a former engineer and civil servant, moved to Viewfield House 42 years ago.
He previously told The Courier that the hedge encouraged wildlife and was good for the environment.
“I have heart and neurological problems so can’t look after the orchard like I used to but we have birds, beehives and millions of bees who produce honey,” he said.
“The trees have been there for 200 years.
“The purpose of the trees is to stop the cold easterly winds from affecting the fruit trees.
“We have a micro-environment in the orchard. If you cut down the trees you stop that.
“It is an oasis in the heart of Perth.”
Appeal reporter gives deadline for high hedge order
The trees to be trimmed or removed include cotoneaster, hawthorn, elm, poplar and elderberry.
Some are up to 14m high but the decision means they can be no taller than 4m.
Mr Buylla added: “I have had regard to the appellant’s statement that he derives great pleasure from the high hedge due to its appearance and its benefit to wildlife.
“However, the requirements of the notice should not diminish that enjoyment, as the majority of the hedge (all but the apparently dead T10) would remain.
“I am satisfied that the high hedge is not needed for privacy or shelter, as the appellant’s garden benefits from a substantial stone wall.
“The height of the high hedge is adversely affecting the enjoyment of the applicant’s property to a level below that which the occupants of that property could reasonably expect to have.”
He ordered work to begin by October 1 to avoid disturbing nesting birds.
Conversation