The Northern Ireland Valuation Tribunal has partially upheld an appeal by David and Ruth Richardson against a remedial notice issued by Armagh City Banbridge and Craigavon Borough Council regarding a high hedge at their property in Waringstown. The tribunal's decision, issued on 16 September 2026, lowers the required final hedge height from 6.83 metres to 6.24 metres and adjusts the compliance timetable.

The case stems from a complaint made by a neighbour in 2024 about a hedge consisting of approximately 24 predominantly Leylandii cypress trees at 7 Clare Moss Road. After investigating, the council determined the hedge was adversely affecting the neighbour's reasonable enjoyment of their property and issued a remedial notice on 20 January 2025, requiring the hedge to be reduced to 6.83 metres by 17 February 2028, with an initial reduction of 3 metres by 30 September 2025.

The Richardsons appealed, arguing among other points that the trees were not all evergreen, that bats use the trees, that the required works would kill the hedge, and that the neighbour does not suffer significant loss of light. They also argued the council's use of technical guidance was too rigid.

However, the tribunal found that the hedge met the legal definition of a high hedge under the High Hedges Act (Northern Ireland) 2011, as it is formed predominantly by a line of two or more evergreens. On the issue of bats, the tribunal noted that the Richardsons had not provided a specialist report confirming bat presence; their earlier bat survey did not cover these trees, and a video they submitted did not clearly show bats. The council had consulted its conservation officer, who advised that deciduous trees would not host bats and that lowering, not removing, the hedge should not affect foraging bats. The tribunal was not persuaded there was sufficient evidence of bats to prevent the required height reduction.

Regarding the health of the hedge, the tribunal relied on an arboricultural report commissioned by the council, which recommended staged reduction to allow recovery. The report advised an initial reduction to 9.4 metres before further reduction.

The tribunal's own valuation member measured the hedge height at 16.41 metres and, applying the technical guidance, calculated an action hedge height of 6.24 metres, slightly lower than the council's figure of 6.83 metres, due to differences in measured distances and factors.

Consequently, the tribunal varied the remedial notice to require the hedge to be reduced to 9.4 metres by 30 November 2026, and then to 6 metres by 17 February 2029, allowing a growing margin to keep it at or below 6.24 metres. The council's preventative advice on lateral branch pruning remains in effect. The amended notice takes effect on 16 September 2026.