Councillors taxed with job of deciding if trees are a hedge

Councillors must decide if row of trees is a hedge

A neighbourly dispute over the height of trees will tax the minds of councillors sitting on Moray’s planning and regulatory services committee today.

Councillors will be asked to judge if a row of trees between two homes in Kellas should be considered as a hedge.

A report on the dispute will be submitted to the committee on the complaint lodged by Donald Brown of Buinach Lodge in Kellas against his neighbour John Albiston.

Mr Brown says that a row of trees separating their properties which had reached a height of 65feet was harming his quality of life.

According to Mr Brown the row of trees at Mr Albiston’s home had already cost him his view – and the trees were still growing, posing, he claims, an additional danger to property during high winds.

In their report council officials are recommending that a High Hedge Notice should be issued by the local authority, instructing Mr Albiston to reduce the height of the trees to 10m above ground level within six weeks.

Should councillors agree, the notice would also require Mr Albiston to maintain the height of the trees on an annual basis to ensure they do not grow above 10m, and that he should also avoid doing so during the bird nesting season from April to July.

Speaking ahead of today’s hearing Mr Brown told the P&J: “I had hoped this would be settled between the two parties. It’s a bit late for there not to be any hard feelings, but I hope to get back to normal after all this is done.”

A solicitor representing Mr Albiston insisted, however, that the trees did not comprise a “hedge”, adding: “Even if it did constitute a hedge there are significant gaps in the trees at heights above two metres to the effect that they do not comprise an effective barried to light.”

Leave a comment