A Scots woman who was locked in a dispute with her neighbour over 32ft trees at her home has won a battle to keep them in her garden.
Neighbour Paul Carrier claimed the trees made his life a misery and said they created an 'imposing and significant' obstruction to the skyline.
But Helen Rowan has been allowed to keep the row of cypress leylandii trees at her property after disputing a decision from Fife Council.
Carrier said the trees caused his garden in St Andrews, Fife, to be kept in darkness and made it hard for him to grow plants - also claiming they had grown into telephone wires which interrupted his internet connection on windy days.
He had turned to Fife Council who ordered Rowan to take down two of the trees under high hedge laws.
But Rowan appealed the decision to the Scottish Government and argued her neighbour did not suffer a loss of sunlight and work had been carried out to reduce their height.
A government reporter has agreed with Rowan and quashed the council ruling.
Rowan told the government work had been carried out to reduce the height of the trees by 40 percent and the council had made an error issuing their notice against her.
She said: "Given the position of the trees in relation to the applicants' property and the works already carried out, they do not cause loss of sunlight for a significant period of the day, and do not cause a loss of reasonable enjoyment of their property, as there is not significant loss of sunlight to the garden.
"The application was pursued further after the remedial work had been carried out on the basis that the applicant was now unhappy with the width.
"This falls out with the act and there is no significant overhang to the applicant's property if any.
"I do not believe that Fife Council have taken into consideration the amenity value of the trees to the owner and occupiers, these being, but not limited to, privacy from the property to the rear of the garden, outlook and character of the garden."
In a letter to the government, Carrier said: "The cypress are an unsuitable tree for the location and in an ideal situation they should all be removed, and if necessary, replaced with a more appropriate shrub that does not loom over neighbouring properties.
"The row of cypress trees are as wide as they are tall and when viewed from the south-facing rooms they produce an imposing and significant obstruction against the skyline.
"As an evergreen, they prevent direct sunlight from falling on the rear of the property from autumn through to spring.
"Moreover, the trees tower over much of the garden blocking sunlight all year around and directly hampering plant growth.
"The cypress trees have been allowed to grow into telephone lines that service properties.
"Although not related to sunlight this does impact residents during strong winds when tree movement disrupts internet and telephone connections."
Issuing their notice, Fife Council said: "The council considers that the hedge by reason of its height adversely affects the reasonable enjoyment that the occupants of that property could expect to have."
Government reporter Stuart West said: "I conclude that the high hedge does not have an adverse impact on the reasonable enjoyment of the neighbouring domestic property in relation to light loss or amenity.
"I have taken all matters raised into account and, on balance, there is nothing which would justify taking action in relation to the high hedge's impact through the provision of the high hedges legislation.
"I therefore uphold the appeal and quash the high hedge notice."
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