Scots couple win bitter row with neighbours over hedge that made lives 'misery'

Daily Record

2 days ago

Keith Smith and wife Julie were left frustrated by a row of cypress trees belonging to David Hunter and Niena Hunter Mistry in the city suburb of Prestonfield.
A couple have won a bitter row with their neighbours over a hedge between their properties in Edinburgh.
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Keith Smith, 71, and wife Julie, 68, were left frustrated by a row of cypress trees belonging to David Hunter and Niena Hunter Mistry in the city suburb of Prestonfield. The Smiths claimed the trees were making their lives a misery and turned to the City of Edinburgh Council in a bid to have them lopped.
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They were left stunned when the council rejected the move but later successfully appealed to the government and the trees had to be cut to 8.5ft. But one tree remained which the Smiths insisted towered over their garden and left it in darkness.
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Mr Hunter turned to the Scottish Government in a bid to save his tree but that has been rejected and it will have to be lopped to 8.5ft.
The row had grown increasingly bitter since 2020 with police even being involved after a disturbance was reported. In his appeal letter, Mr Hunter insisted the tree was not part of the hedge and begged for it to be kept.
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He said: "The individual tree identified in the varied notice cannot reasonably be said to be part of the boundary hedge. It appears as a separate individual tree and has never been trimmed.
"We would be very grateful if you would take all our points and concerns into account and request that you quash the revised high hedge notice."
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In a document to the government, the Smiths said: "The cost to the public purse must be considerable in terms of government, council and police resources.
"We, the Smiths, have suffered hugely financially, emotionally and physically by this process and sincerely hope this will now lead to resolution."
Mrs Smith had earlier said she was constantly 'anxious, stressed and scared' to enter her garden and claimed the conflict had impacted on her marriage.
Government reporter Amanda Chisholm said: "During one period of sunshine, I observed that the disputed tree casts shadow over a significant proportion of the neighbouring property's rear garden.
"In any case, the varied high hedge notice applies to the hedge as a whole, which has already been found to adversely affect this property's reasonable enjoyment. In my view the part of the hedge that has not been reduced in height continues to do so."