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Auchterarder neighbour row over 14m-high tree will be settled by Scottish Government

The complainers say they have tried to resolve the issue with their neighbour.

Tree at centre of dispute.
Tree at centre of dispute.

A neighbour row over a 14m-high tree in Auchterarder will be settled by the Scottish Government.

Perth and Kinross Council gave the owners of a home in Mare Park a high hedge notice after a complaint.

But the residents have since appealed this notice, meaning the Scottish Government will now step in.

According to Holyrood’s planning and environmental division website, the four Leyland cypress trees stand at 14m tall.

Perth and Kinross Council ordered the hedge to be trimmed to 5m.

Auchterarder trees ‘significantly affect’ garden enjoyment

The complaint was lodged by the owners of a home in Grampian Avenue, Mr and Mrs Mallis.

They claim the tree “significantly affects the enjoyment of our rear garden, conservatory and living room due to the lack of sunlight”.

They added: “I have asked several tree specialists to look at the hedge from our property and all have agreed the hedge significantly blocks light to our property and is potentially a hazard to us and our property due to falling debris such as branches.

“They also advised that the hedge consists of several evergreen trees.

“These have an increased risk of being felled in a storm, therefore they recommend the hedge is reduced in height.”

The tree from the owners property.
The tree from the owner’s garden. Image: Planning and environmental appeals division/Perth and Kinross Council

Mr and Mrs Mallis also claim to have attempted to resolve the issue with their neighbour before involving the council.

On June 12, Perth and Kinross Council told the tree owners to have it trimmed to a height of 5m.

The notice found the tree “forms a barrier to light” and “adversely affects the
reasonable enjoyment of the domestic property” at Grampian Avenue.

A high hedge report from the council added: “The hedge owner contested the applicants’ assertions and has criticised the content of the submission which included views made by visitors to the property.

The tree is visible from the complainer’s garden. Image: Planning and environmental appeals division/Perth and Kinross Council

“The council considers that Leyland cypress are generally capable of withstanding
significant reductive pruning works, and accepts that the visual appearance of the
cypress may not initially be particularly pleasing following such reductive works.”

However, according to the Scottish Government’s High Hedge Act, remedial notices cannot involve “removal of a hedge”.

The act states this includes works that could kill a plant.

It says: “For example, healthy Leyland cypress hedges will usually respond well to a reduction of up to one-third of their height.

“On the other hand, taking too much from the top of such a hedge might result in
the death of older or less vigorous trees.”

The Scottish Government’s planning and environmental division aims to resolve the case by September 30.

The Courier approached the owners of the hedge for comment.

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