Mediation time runs out for man in tall tree dispute

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Thursday, September 09, 2010
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This is Devon

A PLYMOUTH man locked in a bitter dispute over his tall trees is running out of time to mediate with his neighbours, The Herald understands.

News of David Alvand's row with residents in Churchway, Weston Mill, broke in The Herald earlier this week — and has since spread around the world.

Neighbours have clubbed together to submit a formal complaint to Plymouth City Council under Anti-Social Behaviour Act legislation.

They say they are fed up with 16 Leyland cypress trees in Mr Alvand's front garden, which have grown so high since being planted in 1991 that they now completely conceal his home.

Nearby residents, who first complained about the giant trees more than a decade ago, say they dwarf the houses, block out sunlight and could be causing damage beneath the ground.

Plymouth City Council had put the complaint 'on hold' in the hope Mr Alvand and his neighbours could come to an amicable agreement.

But it is understood action could now be taken within days as both parties continue to stand their ground.

That could mean council tree officers visiting the scene to establish what, if anything, needs to be done.

They would measure the overgrown Leylandii to determine the 'action hedge height', which takes into account aspect and location, as well as size.

That could potentially lead to an order forcing Mr Alvand to cut back the trees by law, though both parties would be entitled to appeal any decision the council makes if it does investigate.

Mr Alvand had previously built a high wall in his back garden, sparking a dispute with the same neighbours that lasted nearly 20 years.

He was almost jailed for ignoring a July 2000 council enforcement notice ordering him to lower what became dubbed 'The Berlin Wall', the row leading to a string of criminal and civil hearings which cost the council more than £20,000.

News of the latest dispute hit the headlines as far afield as Brazil, Australia and Thailand, and the national press was camped outside Mr Alvand's home earlier this week.

Police confirmed they were called to the area on Tuesday morning as tempers flared.

Mr Alvand, who remains defiant, told The Herald he felt victimised and was not breaking the law.

A council spokesman added: "It is good practice to put a complaint 'on hold' for a short time to see if an amicable solution can be found."

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25 Comments

  • Profile image for This is Devon

    by SKoM, Cullompton

    Friday, September 10 2010, 6:48PM

    “mfritz0
    If you didn't know something as basic as that large trees growing this close to houses can cause damage there is little hope.”

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    by mfritz0, Hanford, CA. U.S.A.

    Friday, September 10 2010, 1:38AM

    “Ian, I'm not arguing with anybody, I'm stating my opinions and ignoring the derogatory comments. Those that are arguing are other people, not me. Again to keep this post on topic I will say that the Herald needs to write better articles, with more information, that does not lead to such unnecessary discussions in the future. Have a nice day.”

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    by kirsty, plymouth

    Friday, September 10 2010, 1:06AM

    “i have friends in california who are talking abouth flying here next vacation just to see these trees.
    You gotta keep them as they could become a tourist attraction and hell plymouth needs more things like this to keep it on the global map.”

  • Profile image for This is Devon

    by mfritz0, Hanford, CA. U.S.A.

    Friday, September 10 2010, 1:05AM

    “Again, I'm ignoring the ignorant comments directed towards me and obviously off topic. Seems if I don't agree with the "good ole boys" here I'm persecuted, wasn't that what caused the Pilgrims to travel to North America in the first place? Anyway, I regress, if the trees are dangerous and they cause destructive incidents in the surrounding area, where is this information in the article?
    Why wasn't this ever reported in this informative newspaper? Does one have to get this imformation from the local commentors instead of reading what is printed by the Herald? I think the real reason peoplke are complaining about this guy, the real reason he is persecuted by virtually all these loudmouths is he looks foreign. That's it, isn't it? You will never admit to it I'm sure, but you know who you are and you know I'm right.”

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    by Mick, Barbican

    Thursday, September 09 2010, 11:18PM

    “Hey Mr Alvand, aliens wouldn't dare abduct anybody from a house that's in plain view from the street, but your house is hidden behind them trees, so please watch out!”

  • Profile image for This is Devon

    by britain ruined by NuLiebore., plymouth

    Thursday, September 09 2010, 10:54PM

    “mfritzo usa....I wish you would transplant yourself, along with the trees...away from this web site.
    Take Mick the Barbican idiot with you.”

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    by Kegwyn, Honicknowle

    Thursday, September 09 2010, 10:23PM

    “The are only trees for goodness sake.What a boring street. I don't think they look bad at all. Maybe if the next door garden neighbours and then council as owners of the footpath were to trip back perpendicularly with their boundaries then no one would have further cause for complaint?”

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    by Why not?, Everywhere

    Thursday, September 09 2010, 9:33PM

    “As the guy below said, a decent administration of some decent poison will deal with it. Have his neighbours got no imagination? If I lived there it'd have been done ages ago. Must be a right bunch of curtain twitching complainers who expect everything to be done by someone else.”

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    by Martin, Mutley

    Thursday, September 09 2010, 8:24PM

    “Good luck to him. Those neighbours have been beastly to him for decades. Live and let live. The trees actually make that tacky bland little street look a touch more interesting.”

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    by Old Fella, Plymouth

    Thursday, September 09 2010, 7:48PM

    “Not so long ago the powers that be were considering outlawing Leylandia because of the harm they do the environment and the entirely unsuitable places people plant them.
    The 16 examples that Mr Avland has shoe-horned into his tiny front garden must be some sort of record for bio thugery!.
    A special message to our American friend and Steve of Millbay, Leylandia trees grow to over 100 feet when fully mature, their massive root system will spread well beyond the boundaries of Mr Avlands property and planted in that density they will be very prone to damage by high winds. A potential threat to life and limb and of course the property of neighbours, but why should we worry as long as his right to be a inconsiderate is not challanged.”

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