Council have trashed our boundary hedge (long long story!)

polr

Hi,

I realise this is an issue for our lawyers but it's late at night and I was hoping someone might be able to offer some soothing words to calm me so I can sleep tonight before I have the chance to tell him to act on our behalf. Really I'm just ranting but also looking for any suggestions/experiences.

We own our own house and bordering us we have a privately owned house and a cottage flat (one private and one council who get's his garden done for him). We have/had an 8 foot boundary hedge which provided security, privacy, attracted wildlife and gave out garden a completely secluded, beautiful outlook.

The Council came round on Tuesday and against our wishes, against our previous email agreement with them and I believe, against the law, 'hacked' it down (in places) to 3 to 4 feet. They have left it in a complete state of disrepair with tufts at 8 feet, others down at 3 and others that look as if they have had windows cut out!

They have admitted (in writing) that they shouldn't have done it, that they apologise and claim that they want to rectify it. Last year they also verbally told us they took legal advice about whether they could rip it down and were told they couldn't so why they decided to go against that this year is beyond me. Oh, and I also have it in writing that they authorised it to be reduced (in total length/width). Basically, lots of incriminating emails.

On another note, they never offered the removed hedge back to us so technically this is theft is it not? They stole our hedge! I'm hoping my lawyer picks up on this!

Oh, and I'm in Scotland as I know the law's different re. hedges.

We have asked for a high, secure fence to be supplied, the remaining wrecked hedge to be removed, the fence to be stained green to hide it and some mature plants supplied for the same reason and to attract wildlife back. The idiot who came out this evening has pretty much refused everything and only agreed to getting a quote for a fence but 'if it's too expensive' then they reserve the right to refuse to fit it! At least this is what they are saying.

I don't think we're being unreasonable especially as this act will have affected our saleability of our property (I've check this out), it's stressing us out, we're not sleeping and not to mentioned the violation of our rights, privacy and security.

As you can tell, I'm very very angry about this! I can't believe the council can just trash my garden like this and disregard previous agreements on a whim (though I suspect their representative isn't too smart given that she put everything in writing in the first place and finds it difficult to use emial!)

whowants2brich

You seem to have got all the legal aspects sorted out, but one thing you have not considered could be to leave the hedge and neaten it up so that it is all 3-4 feet high. Then it will inevitably grow back, over time, and you can restore the hedge/fence to its full glory.

I assume that you're querying the saleability but not because you actually need to sell in the short term, you're just trying to protect your interests. If you don't want to sell for a couple of years, the existing hedge should have grown back and tidied itself up, so you shouldn't need to worry.

In my opinion, the worst thing you could do is to totally remove the hedge and replace it with a wooden fence - then there will be no hope of having a natural living hedge. I totally agree that a wooden fence can be an eyesore, and even painted green won't look as nice as a hedge...

Good luck, fight the council, and ask them for financial compensation for the hedge they cut and stole!

polr

Thanks for your reply. I'm no calmer this morning!

I don't think there's any option but to rip it down, we've had several gardeners look at it who say it's beyond saving - it's basically just sticks in the ground now (if only I could upload on image on this..!)

They have suggested cutting it in half(!) but I'm pretty sure this is a stupid idea as a) it's wrecked and b) that would mean cutting through down pretty major arteries and would mean some parts of the hedge would have to levitate!

She also suggested replacing an 8 foot privet hedge with "a few shrubs" which is bizarre when we pointed out to her how much our privacy and security has gone - how will a few shrubs help!?

Their "qualified landscape architect's" suggestion was to "plant a few shrubs in the tree" - eh?! Is that even possible?!

Annoys me that they have access to lawyers (thanks to our council tax) but we're going to personally have to foot the bill to make them make this right.

SallyForth_2

I would tell them that they need to replace what they have taken. So that would be new plants to make a new hedge, and decent mature ones at that, not 2 ft saplings. You can compromise to the point of accepting that the new plants will take time to fill out, as that is unavoidable, but otherwise I think it's fair to expect that least this much.

amcluesent

Sadly, the Council numpties and jobsworths will now have marked your card in all other ways, expect to get your bins regularly inspected for 'illegal' waste etc. etc. Also be very careful speaking on the phone, they'll record everything and try and get you for harassment/racial abuse etc. Council peeps are very, very vindictive, especially the 'Mussolini' wanna-bes with their silly moustaches and anoraks.

polr

amcluesent wrote: »

Sadly, the Council numpties and jobsworths will now have marked your card in all other ways, expect to get your bins regularly inspected for 'illegal' waste etc. etc.

I figured they might be like that so I'm always very, very careful with what I say to them. I don't have conversations over the phone and each email is run by 2-3 people before sending to check for 'temper typing'! I've even managed to restrain from calling them a bunch of useless, uneducated fools (though this has been extremely difficult).

I have noticed that on the 2 occasions I have called up (just for info about when someone is in) the 'nippy sweeties' that answer the phone are immediately aggressive and on the defensive when I ask for the top dog - she's female so technically that should read top !!!!! I suppose (yes, I'm a woman too!) Their customer service skills leave a lot to be desired and don't forget, we are their customers.

I've emailed to find what stage they have my complaint sitting at but they are refusing to reply to it which is interesting. She also failed to inform me that the council had an official complaints procedure or what it was. Again, this is very interesting and will be well documented - they don't seem tot be trying too hard to dig themselves out of their hole.

RAS

Have you tried to involve youyr local councillor, as that can be very effective.

gardenroute

Why wouldn't a privet hedge grow back? The easiest option would be to cut it so the top is even, just to tidy it up, and then leave it.

photome

I would have though that it would grow back, You could take pics and post them on here

polr

gardenroute wrote: »

Why wouldn't a privet hedge grow back? The easiest option would be to cut it so the top is even, just to tidy it up, and then leave it.

The main point is that it's been reduced in height by approx 5-6 feet. For this to grow back to a strength and height that would regain our privacy and house security we're talking years so something needs done that's faster than this. Our house now has a back that it's completely open and anyone could pretty much step over the hedge and take what they want out of our garden! It's also been cut at odd heights (some are 3 feet other 'turrets' are 6 so to even it up it would be all down at 3 - not ideal from a security perspective and unfortunately not the best option.

Plus, we would then have to additional worry that the council will just come round and do it again as soon as it was back to the height it should be.

Haven't tried the local councillor yet but good call!

Hopefully you can see these pics - the pics don't do it justice :

http://www.facebook.com/photo.php?pid=6599693&l=876aaad1c5&id=729229487

http://www.facebook.com/photo.php?pid=6599694&l=42a3fcbee0&id=729229487

sam.4000

Why have the council cut down your hedge? I can see the mess they have made but don't understand why they have cut it down!