Flat owner whose 100ft trees left her upstairs neighbours feeling 'depressed and imprisoned' in their own home

A woman whose 100ft trees left her neighbours feeling 'depressed and imprisoned' in their own home has won a battle to avoid having to cut them down.

Susan Rhodes has been locked in a dispute with Ian Walker for more than five years over massive trees on her property, which are said to block natural light from entering through the upper floor windows.

Mr Walker - who has complained the trees left him feeling 'depressed' - occupies the upper floor of a Victorian villa while Miss Rhodes owns the ground floor.  

Mr Walker had used high hedge legislation to force his neighbour to take action after several attempts at resolving the issue failed.

Dundee City Council agreed and ordered the trees be chopped down to 23ft but Miss Rhodes appealed the ruling to the Scottish Government insisting the trees did not form a barrier to light and do not affect the Walkers' property.

However, government reporter Sue Bell has now quashed the council's ruling and said the trees do not apply to high hedge laws.

In a written judgment, Miss Bell said: 'I consider that the trees/ shrubs should be considered as individual specimens and not as constituent parts of a hedge.

'I viewed the effect of the trees on light levels entering the southern-facing windows.

'The upper parts of some of the trees were clearly visible opposite the windows, and given the southern aspect of the window, would act to block direct sunlight and reduce light levels.





MailOnline