Colin Nelson had been locked in a dispute with his neighbours – one of whom said plants don’t grow in her garden because the trees block the light.
A man has won a battle to save a row of 65ft trees his neighbours claimed were ruining their lives.
Colin Nelson was locked in a dispute with neighbours Kevin Pratt and Elizabeth McCabe.
They said the trees between their rural properties near Forth, Lanarkshire, restricted light and kept them in darkness.
Mrs McCabe also claimed she is unable to grow plants in her garden due to a lack of sunlight.
Mr Nelson told them reducing the height of the trees, which were planted by his father and grandfather in 1959, would kill them and said his mother does not want them to be felled.
Mr Pratt and Mrs McCabe applied to South Lanarkshire Council under high hedge laws in a bid to have them chopped but that was rejected.
The Scottish Government has rejected the appeal and said they had no remit to rule on the trees because they did not come under legislation.
Mrs McCabe said: “The hedge line tree row owned by Mr Nelson, which runs adjacent to my property, is of considerable height and density and as a result, it has had a significant impact on my home and garden.
“The height and spread of the high hedge tree row blocks sunlight from entering key areas of our property, particularly my rear garden area.
“The treeline overshadows our garden area, making it less usable and reducing our enjoyment of the outdoor space and the scale and proximity of the trees creates a safety concern if the trees fall, they will damage my property.”
She added: “The trees are having a negative impact on my quality of life.
“They obstruct a great percentage of the natural sunlight from reaching our garden, making it difficult to enjoy the outdoor space as I would like.
“The trees contribute to a constant accumulation of leaves, pinecones, moss, and pine needles in my garden, the significant reduction in sunlight is having a negative effect on the plants we like to grow in the garden.”
Mr Pratt said: “It is a matter of record that these trees were originally planted as a privacy hedge by Mr Nelson’s father.
“This clearly establishes that the line of trees was intended to perform the very function of a hedge.
“The fact that, over time, they have grown taller and denser only reinforces their continuing role as a hedge-like screen between properties.”
Letters between the neighbours reveal Mr Nelson advised that the trees could not be trimmed amid fears it would kill them.
Mr Nelson told Mr Pratt: “The trees were planted by my father, a considerable time ago and were there when you purchased the property.
“As already stated, they have sentimental value to my mother along with her privacy.
“As previously advised the trees cannot be reduced in height or it will kill them. and my mother does not want them felled.”
Rejecting the appeal and upholding the council decision, government reporter Audrey Devoy said: “We accept that the decision notice states that the council has determined that no action should be taken in respect of the application, however, on reading the appeal documents as a whole and having received further clarification from the council, it is clear that this is because of the conclusion they reached about whether the trees constituted a high hedge.”
