Couple celebrate victory after five-year row with neighbours over giant cypress tree that went to top of government and saw police called in

A couple have won a bitter row with their neighbours over a hedge they claimed were making their lives a misery.

Keith Smith, 71, and his wife Julie, 68, were left frustrated by a row of cypress trees belonging to David Hunter and Niena Hunter Mistry in the Edinburgh suburb of Prestonfield.

The five-year feud, which began as a mild disagreement, grew increasingly to involve Edinburgh Council, the Scottish Government and even the police, who were called to the home multiple times.

The Smiths turned to the City of Edinburgh Council in a bid to have them chopped down, but were left stunned when the council rejected.

However, they later successfully appealed to the government and the trees had to be cut to 8.5ft.

One tree remained, which the Smiths, who have resided in their detached home for 44 years, insisted towered over their garden and left it in darkness.

Mr Hunter went to the Scottish Government in a bid to save his tree, but that has been rejected and it will have to be lopped to 8.5ft.

In his appeal letter, Mr Hunter insisted the tree was not part of the hedge and begged for it to be kept.

Keith Smith, 71, and his wife Julie, 68, were left frustrated by a row of cypress trees belonging to David Hunter and Niena Hunter Mistry in the Edinburgh suburb of Prestonfield

Keith Smith, 71, and his wife Julie, 68, were left frustrated by a row of cypress trees belonging to David Hunter and Niena Hunter Mistry in the Edinburgh suburb of Prestonfield

The tree which the Smiths, who have resided in their detached home for 44 years, insisted towered over their garden and left it in darkness

The tree which the Smiths, who have resided in their detached home for 44 years, insisted towered over their garden and left it in darkness

Pictured: the Smiths' garden, overshadowed by the huge trees that are at the centre of a battle between them and their neighbours

Pictured: the Smiths’ garden, overshadowed by the huge trees that are at the centre of a battle between them and their neighbours

He said: ‘The individual tree identified in the varied notice cannot reasonably be said to be part of the boundary hedge.

‘It appears as a separate individual tree and has never been trimmed.

‘We would be very grateful if you would take all our points and concerns into account and request that you quash the revised high hedge notice.’

In a document to the government, the Smiths said: ‘The cost to the public purse must be considerable in terms of government, council and police resources.

‘We, the Smiths, have suffered hugely financially, emotionally and physically by this process and sincerely hope, this will now lead to resolution.’

Mrs Smith had earlier said she was constantly ‘anxious, stressed and scared’ to enter her garden and claimed the conflict had impacted on her marriage.

Government reporter Amanda Chisholm said: ‘During one period of sunshine, I observed that the disputed tree casts shadow over a significant proportion of the neighbouring property’s rear garden.

‘In any case, the varied high hedge notice applies to the hedge as a whole, which has already been found to adversely affect this property’s reasonable enjoyment.

‘In my view the part of the hedge that has not been reduced in height continues to do so.’

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