A couple who were ordered to chop down their 20ft trees after a neighbour claimed they kept his home in darkness have won a fight to keep them.
Mohammed and Saima Faheem had been locked in a war of words with Charles Welsh over the hedge between their properties in Crookston, Glasgow.
Welsh said the trees made his life a misery and stopped him from reducing energy bills by using solar power.
He turned to Glasgow City Council under high hedge laws and was left delighted when officials told the Faheems to reduce the height to 10ft. But they appealed to the Scottish Government who amended the ruling and said the trees would only have to be reduced to 13ft. The couple said chopping the trees down would impact their privacy and on wildlife in the area.
In a letter to the government, the Faheems said: “The trees not only afford us privacy in our home, they are home to a host of wildlife which if reduced to three metres (10ft) will leave bare tree stumps without foliage.
“There are six trees with trunks of approx three metres in height and if reduced to the three metre height as specified in the high hedge notice issued all that will be left will be stumps with no foliage.
“The reason provided for the high hedge notice is that it has an overbearing and dominant impact on the property. This is disputed on the ground that the trees do not form a barrier to light to the occupants and do not cause any obstruction to their views or to the enjoyment of their property.”
Welsh told the government: “From 6am the hedge casts a shadow and this continues for the rest of the day.
“I cannot enjoy my veranda as it’s always in shade and I would just like to sit out and have a coffee in the sunshine. Due to the shade from the high hedge, the entire side of my house is always in shade and cold and this costs me more money to heat my home.
“I have been driving electric cars for more than seven years and was hoping to have solar panels fitted to my roof to charge my car and also help reduce my energy bill. Again due the the hedge height I cannot fit solar panels as they would be in the shade.”
Issuing their high hedge notice, the council said: “The hedge is considered to have an overbearing and dominant impact on the property and garden grounds.”
Amending the council decision, government reporter Alison Kirkwood said: “Based on my assessment of impact on the reasonable enjoyment of the veranda, I do not consider the requirement to reduce the height of the trees to three metres would be justified.
“Instead, I consider that a maximum height of four metres (13ft) from ground level would be appropriate to address the adverse impact on the veranda, whilst also taking account of the privacy concerns raised by the appellant.
“I am also satisfied that, subject to the required tree works taking place outwith nesting season, there would be no harm to birds or biodiversity.”
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