• Text size      
  • Send this article to a friend
  • Print this article

Councils to tackle problem hedges in new plan

DISPUTES about overgrown hedges will be resolved by councils with "last resort" powers under a new plan to tackle neighbourhood rows.

CUT IT OUT: Audrey Alexander, who has been in dispute with her neighbour over a 40ft Leylandii hedge, welcomed the bill. Picture: Colin Mearns
CUT IT OUT: Audrey Alexander, who has been in dispute with her neighbour over a 40ft Leylandii hedge, welcomed the bill. Picture: Colin Mearns

A new mediation process will initially try to sort out problems between neighbours but councils will step in if this fails to work.

The measures to resolve rows over high hedges will be unveiled today by SNP backbencher Mark McDonald, who will lodge draft legislation at parliament, a decade after Holyrood's first attempt at tackling the thorny issue collapsed.

Under his proposals, councils will be given powers to chop down Leylandii and other vigorous vegetation if it is ruled to be causing a nuisance for neighbours.

Hedge owners will have the right to appeal. However, it is hoped the mediation process, also set out in the bill, will ensure the majority of disputes are settled with a handshake rather than a municipal chainsaw.

The move follows a number of confrontations over fast-growing boundaries which have been dubbed "hedge rage".

Mr McDonald, a North East MSP and former councillor, has the backing of the Scottish Government for his bill, making it almost certain to become law next year.

Cross-party support has come from 30 MSPs, nearly twice the number needed to proceed.

Backers include Humza Yousaf and Paul Wheelhouse, now both Scottish Government ministers, and Labour frontbenchers Jackie Baillie and Patricia Ferguson. Tories John Lamont and David McLetchie have also offered support.

Mr McDonald, who will launch the bill at a garden centre in West Lothian, today, said: "Over the last few months, it has become clear this is a problem that affects households from all parts of Scotland. I believe this bill will give those affected the powers to finally have the problem addressed."

The prospect of legislation was welcomed by Audrey Alexander, 52, of Balfron, Stirlingshire, who has been in dispute with her neighbour for years over a 40ft Leylandii hedge on the south side of her garden.

She said: "It's like a green block of flats at the bottom of my garden. It's like a barricade, and I've been told it knocks about £20,000 off the value of my house because it is so high.

"It grows about four to five feet a year, and every year I've lost about an hour of winter sun in my garden.

"I have spoken to my neighbour on many occasions, but she's said that she would rather move house than get it cut. I went to mediation through the council, and they came to see it and said something would have to be done because it was too high.

"But after we held talks my neighbour refused and I was told there was nothing more that could be done about it as there was no law to enforce.

"This new legislation can't come soon enough."

The bill will be sent to the local government committee for scrutiny. If passed, it will bring Scotland into line with England and Wales, where councils have powers to intervene.

Pam McDougall, from pressure group Scothedge, said: "Some boundary hedges have caused untold misery and hedge bullies have been allowed to get away with it for too long.

"When this bill becomes law we will then have the right to light in our homes and enjoyment in our gardens, just as everybody else in Scotland does."

Ms Baillie added: "While it is disappointing neighbours can be so inconsiderate of each other's needs, this legislation will be useful in bringing clarity to their responsibilities to maintain Leylandii."

Contextual targeting label: 
Local government

Commenting & Moderation

We moderate all comments on HeraldScotland on either a pre-moderated or post-moderated basis. If you're a relatively new user then your comments will be reviewed before publication and if we know you well then your comments will be subject to moderation only if other users or the moderators believe you've broken the rules, which are available here.

Moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours. Please be patient if your posts are not approved instantly.