New laws giving councils strict powers to tackle high hedges have come into force. SAMANTHA PAYNE spoke to a couple who say their lives have been made a misery by the curse of suburbia ...

GREAT-GRANDMOTHER Joan Young has turned to the council in the hope of reaching a settlement over 110 35ft trees which tower over her property.

Mrs Young and her husband Edward have been battling to get the trees cut back so they can enjoy their back garden.

Now under the Anti-Social Behaviour Act, which came into force on June 1, they are asking Dartford Council, at a cost of £150, to act as mediator between them and their neighbours.

Mrs Young, 76, says there are about 110 leylandii trees situated to the right side of her 200ft garden, which leave it in the shade for 46 weeks of the year.

A previous neighbour cut the trees back to 17ft in 1998 but since then they have grown to double the size.

The couple, of Leyton Cross Road, Wilmington, believe because these trees are growing at a rate of up to three feet a year, they will become a serious hazard in the near future.

Former sales director Mr Young, 80, said: "It's an example of complete negligence to grow these trees to that height instead of employing some kind of husbandry.

"My wife and I really do hope the council can persuade the neighbours to reduce the height of the trees. They have become a daily scourge for me.

"I'm forever picking up the needles which in the past have ruined our paving stones.

"We have paid up to £7,000 in replacing these stones."

Mrs Young, 76, added: "We were previously told nothing could be done to the trees because of a tree preservation order.

"We have since learnt such an order never existed. The problem is they don't just affect our garden but another two houses down from us.

"It's so depressing to only experience six weeks of sunshine a year."

A council spokesman confirmed the Youngs had contacted them but the council has declined to comment as the matter is ongoing.

The trees' owners refused to comment.

Are you experiencing problems with high hedges? Call 01689 885717.

New hedge legislation Part 8 of the Anti-social Behaviour Act 2003

  • Neighbours who cannot resolve their disputes over high hedges can ask their council to intervene;
  • They must provide evidence of trying to resolve a dispute amicably before approaching the council as a last resort;
  • If the council is satisfied a complaint meets the legal tests it will invite the other neighbour to set out their case;
  • After the council has both sides of the story and an officer has inspected the hedge, it will then decide whether or not to take action on the basis of a hedge stopping someone's reasonable enjoyment of their home or garden;
  • If so, they will issue a formal notice to the neighbour telling them what they must do to the hedge;
  • If the neighbour fails to comply with the council, he or she could be fined up to £1,000.