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Neighbours in five-year war over hedge that's gone all the way to government

Pensioners Keith and Julie Smith want the hedge removed because it blocks light from their garden - and have accused their neighbours of engaging in a five-year long campaign against them

[Keith and Julie Smith standing next to the hedge]

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Keith and Julie Smith have involved the council, government and police(Image: Edinburgh Live WS)

Two households have been embroiled in a five-year long war over a garden hedge - which they have escalated to the council, government and police.

Pensioners Keith and Julie Smith are campaigning to have their neighbour's tall hedge removed because it blocks the light from entering their garden. Tensions between the households first srufaced in 2020, with both parties refusing to back down - and the Smiths later accusing their neighbours of engaging in a five-year long targeted campaign against them.

The couple have lived in their detached home for 44 years and say they haven't had this kind of trouble with any other neighbours. Every year, the couple look forward to the hedge owners travelling to their second home in Spain. Keith said: "The six months of the year that the [hedge owners] are away are a blessing for us. You can quietly enjoy and forget about the environment we have when they are here."

The 71-year-old claimed the owners are "unpredictable" and "shout" at them. On one occasion, the Smiths recorded the owner shouting, Take some of that ya fat c***, the rest will be back shortly! He added: "Their behaviour has been atrocious, absolutely appalling. I have never experienced that sort of provocation and intimidation."

[A hedge with a large tree, ladders and planks of wood]

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The Smiths say the hedge has an 'overbearing' effect on their home(Image: Edinburgh Live WS)

The hedge owners meanwhile claimed the Smiths were intimidating them. They said: "We are wanting to enjoy a peaceful retirement but have been intimidated by Mr and Mrs Smith. Mr Keith Smith has been allowed to use the general complaints process to overturn statutory notice."

The Smiths claim the towering hedge, which borders their 475,000 home, has an "overbearing effect" and exceeds the legal height limit. The dispute first erupted five years ago when Keith and Julie Smith applied for a High Hedge Notice (HHN) in 2020, which if approved by the council, would force the hedge to be cut back.

But the situation has since spiralled out of control, with police being called to the leafy neighbourhood on numerous occasions. In June 2024, the owners of the hedge accused Julie of stealing their ladder. Police were called to mediate the "dispute between residents", but no criminal activity was found, according to Edinburgh Live.

The following month, the hedge owners alleged that a physical altercation involving Keith had occurred. Police confirmed they received a report of a "disturbance" and issued warnings to two men. The Smiths believe these allegations were made to "intimidate them", insisting they have "never had any dealings with police" in their lives.

Julie, aged 68, shared her turmoil, saying she's "anxious", "stressed" and "scared" to even step into her own garden, which is split by a contentious fence. Opening up about the strain it's putting on her nearly half-century marriage: "[He's] always shouting, [he] never used to be like that. Because he's stressed, I try to calm him down. We've been married 48 years and we've never argued as much as we're doing now. We are pensioners and we should be enjoying our lives, sitting back, and enjoying our garden. I'm scared to go out there."

Under the High Hedge (Scotland) Act 2013, a hedge is labelled as "high" when it towers over two meters from ground level and creates a shade barrier. Homeowners who think the pleasure of their property is being hampered by such hedges can lodge a High Hedge Notice (HHN).

The Smiths forked out 350 for an HHN plea in June 2020. After a year of waiting, Edinburgh Council dispatched an inspector in May 2021 to survey the hedge, but, their application was rejected the subsequent month. The council said the shrubbery wasn't infringing on the Smiths' home comforts.

Unconvinced by the council's judgement, the couple challenged the ruling, prompting intervention from the DPEA - the Scottish Government's planning dispute arbitrator. Their perseverance paid off when a DPEA adjudicator agreed with them, confirming the five-metre hedge line was excessively sky-scraping.

It meant the hedge owners were issued a HHN notice to trim the green giant down to a more neighbourly 2.6 metres. After a series of delays, the owners of finally trimmed it along their property boundary in 2023, leading to an inspection by the council's planning services. They confirmed that the notice had been complied with.

But tensions escalated when ladders, metal pipes, and concrete blocks suddenly appeared where the hedges had been, actions the Smiths viewed as "deliberate" and "provocative" from their neighbours. The Smiths also complained that the hedge trimming was insufficient, pointing out that one tree was left untouched. They are now insisting that this remaining tree be cut down.

An independent legal review commissioned by the council agreed with the Smiths, stating the tree should be trimmed. Despite this, the feud is far from over. The issue was tabled at the council's development management sub-committee on February 26, 2025. The documents revealed that the hedge owners do not believe the remaining foliage is part of the "hedge" mentioned in the Notice, claiming they have fulfilled their obligations and therefore are refusing further action.

The hedge owners said: "We have complied with the high hedge notice and this was signed off by the council in April 2023. We are wanting to enjoy a peaceful retirement but since April 2023 we have been harassed and intimidated by Mr and Mrs Smith. This has been reported to the relevant authorities."

The row between the Smiths and their council has hit a five-year fever pitch, with the couple feeling "victims of the [hedge owner's] behaviour" and "victims of the council." Keith said: "We are very angry that as a couple who paid a fee to the council for an application, and that application was dealt with improperly."

Official documents reveal the council's embarrassment over fumbling the handling of the hedge: "Having conducted the review of the case, it appears clear that the intent of the Notice was that the 'remaining tree' be cut down to what the appeal decision describes as the action hedge height of 2.6m. It has not been."

There's also talk about potential legal tangles as "the owner could seek to prohibit the carrying out of such action via the courts" if they go chainsaws blazing at the tree.

Edinburgh's planners finally made a move on February 26, resolving to amend the High Hedge Notice (HHN) so the 'remaining tree' tops at a neat 2.6 metres. A City of Edinburgh Council spokesperson said: "Following the decision at the Development Management Sub-Committee, a varied high hedge notice will be issued."

A spokesperson for Police Scotland stated: "Around 2.55pm on Wednesday, 19 June, 2024, we received a report relating to a dispute between residents in the Priestfield area of Edinburgh. Officers attended and suitable advice was given. Around 9.40am on Monday, 8 July, 2024, we received a report that there was a disturbance in the Priestfield area of Edinburgh. There were no reports of any serious injuries. Two men were each issued with a Recorded Police Warning."

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