New Petitions

The Scottish Executive is aware that nuisance hedges are a problem that blights the lives of many people. Following a survey that took place in January 2001, Jim Wallace stated that there was a need for legislation but that time could not be found for that. We are here, 16 months later, to ask the Public Petitions Committee's assistance in expediting the matter. We represent the Scottish section of Hedgeline, a UK-wide organisation that was set up to highlight the problem and to press for a change in the law. Some committee members will be aware of the problem, through letters from their constituents or through being lobbied by Scothedge members in February.Leylandii trees, in particular, can be a menace when they are planted by uncaring neighbours. Such trees can grow by between 6ft and 8ft a year and to a height of 100ft. It seems odd to us that, if one wants to erect a fence or a wall more than 2m high, local authority planning permission is required, but that such permission is not required for a hedge of 10 times that height. Scothedge feels that high hedges should be treated in a similar manner and hopes that it will be consulted on the detail of any proposed legislation.

We do not exaggerate the results of high hedges on the victims. Our experiences and those of other people are testimony. Those results include depression and anxiety due to a lack of light in homes and gardens and to the stress that is caused by rows with neighbours or through their not speaking to us at all. Believe me, if mediation worked, we would not be here today. Taking the sunshine from people's lives can damage their health. It causes disharmony and distress in families as they try to deal with the problems. With another hat on, I am a relationship counsellor.Attempts to trim hedges have resulted in accidents and violent incidents have been reported in the media and on television. For example, it is a favourite topic on "Neighbours from Hell". In July 2000, a neighbour in England was shot dead as a result of a hedge dispute. Please do not delay the legislation. We do not want that to happen in Scotland.The effects of nuisance hedges on victims' gardens are dire. Plants do not grow and pleasure in the garden goes. Tree roots damage nearby buildings and paths crack. The victim has to bear the cost, as the law stands. All that happens and no account is taken of the loss of view. For example, we see nothing of our beautiful Angus countryside from our house. Only last week, one of our members—Dr Colin Watson of Balerno—highlighted in the press the long-standing problems that hedge victims have to suffer because there is no redress in law. His was a high-profile case because the neighbour happens to be a well-known football manager. However, many victims are vulnerable and elderly.The Scottish Parliament must prioritise time to deal with this issue. We understand that the Parliament has many pressing items to deal with, but we cannot wait any longer. We have waited long enough. More time will inevitably elapse before the legislation is drawn up and legal issues are considered. We hope that you will help us lead the way in the UK. Why wait for Westminster, which is already dragging its heels on the matter? Too much misery is caused by high hedges in Scotland, and we urge the committee to use its powers and influence to proceed with much-needed legislation. Thank you very much for receiving us and listening to us.

We would like the growing of hedges to be treated in a similar way to the putting up of a wall or a fence. A hedge that was more than 2m high would have to be discussed by the local authority's planning committee. That committee might agree to have the hedge 8ft or 10ft high because of its distance from someone's home. If the trees were treated in a similar manner, that would be okay.

Yes. It would stipulate a reasonable height.

I would hope that the neighbours, if they are good neighbours, would help them maintain it. This is what local government is for—to help elderly people who have such difficulties, through citizens advice bureaux, social work departments and so on.

Scothedge, which is the branch—if you will forgive the pun—of Hedgeline UK, has more than 100 paid-up members. We receive telephone calls from people in quite distressed states every day, asking for our advice following years of problems. Sadly, the only advice that we can give is that people lop the trees standing over their boundaries and offer the branches back to the neighbours. That is about it. It causes a lot of distress.

In Dundee—I am not sure whether it is in your constituency, convener—there is such a pathway which people are unable to enjoy. There is an argument about who owns the trees and the local authority says that it has nothing to do with the issue. The owner of the trees cannot be found, but the whole area is ruined for the householders nearby.

We have a pile of letters to and from various MSPs that would go up to my shoulder. There are also replies from Mr Jim Wallace's office. The Executive has apparently considered the route of legislation without going ahead, but that is the route that we have chosen. As James says, we hope that we will be consulted if legislation is proposed.

The answer is no. I hope that, as a benefit of our appearing in front of you today, the committee might point the matter in the proper direction.

I am sure that we would include nuisance trees, because there is an argument about what is a hedge and what is not a hedge. A hedge might not have been a hedge five years ago, but it is now. Hedges are all made up of nuisance trees. We would be happy to include an individual nuisance tree or three individual nuisance trees.

Yes. That perhaps reflects on the type of people who plant leylandii. The sorts of people who plant privet hedges are quite happy to tend them for a period of time. Leylandii just shoot up. They are here today and up there tomorrow.

On "Gardeners' Question Time" on the radio a few months ago the guy from Northern Ireland said that the worst thing that has happened in gardening in the past 30 years is the introduction of leylandii hedges.

They get out of hand.

We have been informed that a working group has been set up in London. It is extremely complicated and there is a lot of disagreement. It would appear that the Hedgeline people down south do not want anything to do with it, because there are a lot of vested interests.

It would be great if the group told Dobbies not to sell leylandii, but it would be better if Dobbies told people that they have to trim the hedges twice a year.

No. I am sure that it does not.

I get dragged around many garden centres and I have never heard them tell people to trim the hedges.

We love trees and bushes. I am a keen gardener.

Leylandii is not even a Scottish tree.

Yes, but the guidelines are voluntary and do not work. We are talking about selfish neighbours who do not read guidelines and are not interested at all.

One of our members went to court a couple of years ago and it cost him over £5,000. People cannot afford to do that.

No, he lost. The cost of the chairman of Hedgeline's case down south ran into £30,000. Ordinary people do not have that sort of money.

I think that that would be the solution. People who allow trees to grow that high are usually unreasonable people. Most mediation would fail and the situation could be resolved only by arbitration.

We hope that, if there were a change in the law, people would recognise that and come to an arrangement with their neighbours about trimming the hedges back voluntarily. If the law came into effect and people still did not trim their hedges, the local authority could try to mediate, but that period of mediation should be limited to three months or so. If that mediation fails, the hedges should be trimmed to help improve the quality of life of people who deserve a decent quality of life and are not harming anyone else.

Yes.

Yes. He stated that in January last year.

That is definitely why we are here today.

The Executive has made a statement that legislation is required to deal with the unfair situation. Since then, we have waited 16 months and we suspect that we might have to wait many more months, each of which might be a month of misery for some people. The Executive should find the time.