Couple win battle over hedge height

This is the hedge which has made the lives of a Shropshire couple “miserable” for the past few years.But the end is in sight for Robert and Marion Hill after Bridgnorth District Council said it would take action following a court ruling.

The Hills, of Bardley Court, said they were unable to enjoy their garden because it was left in darkness by the leylandii and golden leylandii blocking the sunlight.

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And the couple said they were left with no choice but to take the matter further after efforts to mediate with neighbours Geoff and Lynne Grey failed.

Yesterday, the Greys were ordered to pay £765 each in costs and fines after failing to comply with remedial notices ordering them to chop down the hedges to a reasonable height.

The council first received a complaint from the Hills in December 2006 and remedial notices were issued in June.

Chris Gordon, prosecuting on behalf of Bridgnorth District Council, said it was the first case of its kind to reach the courts in Shropshire as previous disputes had been resolved through mediation.

Mrs Hill, 47, said they first asked the Greys to trim their hedges about six years ago, but had since written several letters to them requesting something to be done about them.

“We did not want to use the law if we could sort it out amicably,” said Mrs Hill, who has lived at the property since 1999.

She added: “We have not enjoyed our garden. It has been depressing, overbearing, dark, enclosing. It has made us not want to go out and sit. We have to go out and sit on the drive to benefit from evening sunshine. It has made our life miserable.”

And Mr Hill, 56, who has lived on the land since 1963 and sold the Greys their home 12 years ago, said: “I didn’t want it to go this far, that’s why we asked them to go and talk to us. We were left with no choice.”

Mr Grey told the hearing he accepted they had not cut back the hedges in the time specified, but had intended to do the work.

But he said looking after his elderly father, bad weather and concerns about wild birds nesting in the hedges and possible action under the Wildlife and Countryside Act if he disturbed them had led to the delays.

The hedge measured between 8.5m and 10m in February 2007 and between 7m and 9.5m in July, it should be 7m. The golden leylandii was 5.2m in February 2007 and 4.8m in July, it should have been 2.5m, but not exceeding 3m.

Julie Banham, amenity protection office at the council said today the large leylandii hedge had to be down to 5m in height by the end of September.

She said the council would be giving the householder a chance to comply with the remedial notices and officers would return to the property at the end of September to ensure this had happened.

If Mr Grey does not cut the hedges then a decision would be made as to what further enforcement action would be taken.

By Lisa Rowley