A GIANT 'hedge' that sparked a 30-year war between neighbours is set to be felled by council enforcement officers after the owner refused orders to remove it herself.
A group of residents in Buchlyvie, a small village near Stirling, took advantage of a new Scottish Government law and appeared to have won their battle to have a 40ft high "forest" of Leylandii trees, which left their homes and gardens in darkness, drastically scaled back.
However, the reclusive homeowner, Catriona MacGregor, has ignored the ruling, meaning Stirling Council is entitled to enter her modestly sized garden and chop back the collection of around 40 trees before hitting her with a bill that is likely to run to several thousand pounds.
It is believed that it is the first case in which a local authority has been forced to take the course of action since the High Hedges (Scotland) Act, brought in to solve 'hedge rage' disputes between neighbours, was approved by MSPs in 2013.
Miss MacGregor was told to chop back the trees, following a 21-page, 12,500 word ruling issued by the Scottish Government reporter after both the owner and neighbours appealed an initial decision by Stirling Council.
It was ordered that parts are scaled back to just over six feet and the rest should reach no more than around nine feet, despite the risk that the drastic action may kill the plants altogether.
The ruling was issued despite Miss MacGregor claiming she has suffered hypertension and angina for several years as a result of worrying about her hedge. She also argued it acted as an essential nesting area for local birds, offered privacy and was not actually a hedge at all but in fact a shelter belt against wind.
Johnnie Simpson, whose property is worst affected by the trees, said her neighbour had made no effort to comply with the notice which came with a deadline of mid-October.
He said: "I thought it was done and dusted, but it's just dragging on and dragging on. The council just seems to be dragging its heels. The law was passed, the timeframe was given but she just hasn't done anything about it. Meanwhile our houses are getting darker and darker.
"I play golf with a tree surgeon and he said there wouldn't be much change out of £10,000 for the work, so it's not going to be cheap and it's not an easy job, but it's affecting everybody. Now, we're just hoping it will be sorted in time for next summer. That's all I want for Christmas."
The community dispute began after Miss MacGregor planted the Leylandii hedge in 1983. Initially keeping its height to around eight feet, the conflict escalated around 20 years ago when she stopped cutting it, leaving the height to spiral.
Previous attempts at mediation and the involvement of a series of politicians failed to find a solution, before the high hedges law came into force.
A spokesman for Stirling Council confirmed that the ruling had been breached and that the authority is looking to undertake the work itself. Miss MacGregor will receive two weeks' notice before workers enter her land and begin work.
A Scottish Government spokesman said: "Where a hedge owner does not comply with the terms of a high hedge notice, a local authority may carry out the work themselves and charge the expenses incurred to the hedge owner.
"Local authorities are not required to inform the Scottish Government about any action taken, therefore we are not aware of any other cases in which the local authority has taken action in this respect."
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