A homeowner has lost his battle to have his neighbour’s hedge trimmed down after claiming it was ruining his family’s summer barbecues and garden time.
The Fraserburgh resident complained to Aberdeenshire Council that the tall hedge at the Kennedy Place property was casting his garden into darkness during summer months.
Despite approaching his neighbour three times in 2024 to request the hedge be cut to a “reasonable level,” no resolution was reached.
The neighbour initially agreed to trim the bush but later declined, citing concerns about potentially killing it.
The dispute escalated when the complainant turned to the council for intervention under the High Hedge Act.
Despite approaching his neighbour three times in 2024 to request the hedge be cut to a “reasonable level,” no resolution was reached
Aberdeenshire County Council
The High Hedge Act, introduced in 2013, allows residents to seek council intervention when neighbouring hedges significantly impact their property.
An application submitted to Aberdeenshire Council explained that the Kirkton Road home backs onto the rear garden of a neighbouring Kennedy Place property.
Planning officials were informed of three separate approaches to the neighbour in 2024, requesting the hedge be reduced to what the complainant deemed a reasonable height.
An additional attempt to resolve the “thorny issue” was made in November before the council became involved.
LATEST NEIGHBOUR ROWS
Sunlight at the property at 4pm
Aberdeenshire County Council
Sunlight at 7.30pm in June
Aberdeenshire County Council
The complainant argued that his neighbour’s reluctance to trim the hedge demonstrated an acknowledgement that it was “too high.”
In his complaint, the resident detailed how the hedge was severely impacting his family’s outdoor activities.
He explained that when he first moved to the property nearly 15 years ago, he could enjoy sunshine in his garden until early evening.
“Even in the hot summer days, when planning a BBQ, once it is time to sit down and eat the food outside, my whole garden is in shade. More often than not, we end up eating inside,” he stated.
The homeowner revealed he had invested significantly in “modernising” the garden for his children’s benefit.
However, he claimed the family now has to retreat indoors by 4:30pm “due to the height of the neighbours hedge, meaning their fun has to end early.”
Council officials acknowledged the hedge’s impact, confirming that from 3pm onwards its shadow begins to cast into the garden, with complete shadow coverage by 7pm.
However, they determined that reducing the hedge by the proposed 45cm would not create a meaningful improvement.
In refusing the application, officials stated: “The hedge currently provides screening between both properties, ensuring privacy and preventing overlooking. The hedge provides privacy to both neighbours.”
They concluded: “To serve a High Hedge Notice would not result in a significant betterment to the garden.
“To serve a notice would have a minimal impact and would not sufficiently improve the enjoyment of the domestic property.”