PENSIONERS have won a three-year battle with a property tycoon neighbour which saw their village turn into a “battlefield”.
Residents of the idyllic Surrey hamlet of Brook have been mired in a legal row that stemmed from a 26ft hedge “reducing light”.
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Dr Andrew Cross, 64, and three others went to the High Court over the leylandii with property boss Mark Dyer and wife Clare.
The other Brook neighbours included retired bank executive David Small and his wife Susan, plus charity trustee Patricia Webb.
Judge Karen Walden-Smith decided in Dr Cross’ favour and determined the “healthy and vigorous” hedge should be cut back to 16ft.
Photos show the hedge only feet from Dr Cross’ home dwarfing Dr Cross and other neighbours.
Speaking outside court after the ruling, Dr Cross said: “My family and I are delighted with this decision, which comes almost three years after my high hedge complaint was lodged.
“The hedge is less than 15 feet from my front boundary. The hedge towers above the chimney pots of my home, reducing light, and has a very overpowering effect on the entire frontage of my property.”
The battle had gone beyond the hedge and involved a series of court and planning rows.
The Dyers filed for an injunction to prevent the “menacing gang” of neighbours from objecting to future planning proposals and sought £1.3 million in damages.
Judge Dexter Dias KC refused to grant the interim injunction or award the damages.
The Dyers’ lawyers claimed the couple had been victims of a “personal vendetta” by their neighbours, who they said used planning objections to thwart their expansion plans.
Judge Dias KC said there was “no realistic prospect” of them proving harassment to a degree that would warrant an immediate injunction.
He added how there was also no evidence that the four had abused the planning process which resulted in applications not being approved.
The Dyers live in a home reportedly worth £2.6 million with a pool and a tennis court and have lodged 50 planning applications over the last two decades.
Neighbours’ lawyers claimed the Dyers were deliberately painting innocent acts in a sinister light and portraying the four as a “menacing gang.”
A judge denied granting the injunction in July and ordered the Dyers to foot the legal bills for the group – saying the idyllic English village had turned into a “battlefield.”
Clare Dyer had said that reducing the height of the hedge would result in a loss of privacy at her home, but a council inspector disagreed.
The Dyers moved to Brook 25 years ago, buying a sprawling country home.
But over the years, they ruffled their neighbours’ feathers by putting in planning applications in relation to Cheynes and two nearby cottages owned by Mrs Dyer.
Your rights on trees blocking light
Blocked light can easily lead to a nasty dispute, especially as sunny weather can be quite precious in the UK.
If you want to raise the issue with a neighbour, one of the first things you need to do is to determine if the tree is protected.
Do this by checking whether there is a tree preservation order or whether it’s in a conservation area by asking your local council.
Ideally, you want to avoid the issue turning into a planning row.
The best way to do this is to just talk to your neighbour and reach an agreement.
But, if that doesn’t happen – the law says if a property has received daylight for the last 20 years, it may be entitled to continue to receive that light.
There is no right to having a view.
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