neighbours and planting

I fell out with our new neighbours to the rear / side of us over a planning issue which they eventually won after first loosing and then reverted back to the original design which again I appealed and they were forced to make retrospective planning application and some small modifications. Needless to say it is a bit frosty.

They have recently planted two leylandi no less than 15CM from my fence and these are now over 2M high and today there are planting out which appear to be about six large Fargesia murieliae again very close to my fence line – I know this is a “clump-forming” and shouldn’t be invasive but it isn’t always full proof. These monsters can also grow to over 5M in height.

These are all within 5M to the closest point of my house – whilst I am not unduly worried about the loss of light within this area I am concerned about the longer term problems if and when I sold up.

I am of course aware of the government Bill giving Local Authorities the power to control evergreen or semi-evergreen hedge heights and I believe that this will eventually (if not already) set to become law. Where as a residential occupier, I can complain to my Local Authority if :

1. A hedge is evergreen or semi-evergreen is over 2m in height.
2. It is "unreasonably restricting " light to the property.

The Local Authority can issue a "remedial notice" on the owner eg to reduce its height. Failure to take action can result in a fine of up to £1000 and daily fines for so long as the failure continues.

But as we know how strapped for cash the Local Authorities are would it ever happen.

Are there any other issues concerns with planting so close? They have already called the police on me when some branches (read twigs) fell into their garden and unbelievably they turned up and wanted to take me in for questioning!!

I feel a strongly worded letter would be in order but would appreciate some pointers. If all else fails then a trip to the solicitor will be on the cards.

Thanks

Replies

Dan Frazer Gardening March 14, 2011 at 6:47pm

I would play their game and just go direct to whatever authorities are relevant...council namely. Sorry you have neighbours like that, it's a real problem that people can't escape and a very unfair one.
phil smith yewtreelandscapes.com March 14, 2011 at 7:02pm

the main concern i would have will be the roots coming under the fence into your property, and the branches you mentioned, if they come off of their laylandi then you have the right to cut them off if they are over hanging your fence but you have to take the cuttings back to the owner, this may be a strange law but if they want to play games then you play them as well
Mic Watson March 14, 2011 at 7:03pm

Wonder how much weedkiller it would take to see off a couple of 2mtr tall leylandi , you know just trickling into the ground under a fence ????
PRO

Mick Gammage March 14, 2011 at 7:06pm

are copper nails effective on leylandi, I know they work on other trees
T & S Plants March 14, 2011 at 7:07pm

Good news on the Fargesia

Once they flower, they will die, if they came from Holland of origin, you/they can expect this v. soon.

So there will be light at the end of the tunnel :-)

P.S. don't tell them about Phyllostachys as they don't die when they flower.
Graeme @ BGS March 14, 2011 at 7:08pm

Thanks Frazier & co.

I want to play this by the book but I have a complete arsenal of ”tools” at my disposal.

One of my biggest concern are the bamboo roots coming under the brick wall and fence and into my lawn. I may suggest they use a membrane barrier along my boundary line (on their side) to play safe.
AndyCharles-EnborneGardeningCo March 14, 2011 at 7:24pm

I have the opposite problem. My new neighbours have just removed an 18ft leylandii hedge between our two properties. It had been there over 30 years and they took it down without any notice. So I've gone from a nice secluded garden to one where there is nowhere that is not overlooked. Not just by them, either, but by houses over the road. They could have just reduced it in height to 12ft for the extra light I assume they wanted.

So, I will be planting a 12ft hedge on my side to get my privacy back (I'll be seeing you soon, Tina & Steve!)
Graeme @ BGS March 14, 2011 at 7:31pm

That's good news Steve about them dieing. To be honest their conifers are show sign of browning - I put this down to red spider mite.
T & S Plants March 14, 2011 at 7:37pm

Andy, We can get some stonking leylands, sorry Graeme.

30 litre £30 2.5metres very bushy

AndyCharles-EnborneGardeningCo. said:

I have the opposite problem. My new neighbours have just removed an 18ft leylandii hedge between our two properties. It had been there over 30 years and they took it down without any notice. So I've gone from a nice secluded garden to one where there is nowhere that is not overlooked. Not just by them, either, but by houses over the road. They could have just reduced it in height to 12ft for the extra light I assume they wanted.

So, I will be planting a 12ft hedge on my side to get my privacy back (I'll be seeing you soon, Tina & Steve!)
Graeme @ BGS March 14, 2011 at 7:39pm

Thanks Steve - as long as there are not delivered near me! :-)

How is that planting list coming along?