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Pensioner Mavis Woodger stops paying council tax in fight over leylandii hedge in Maidstone

By: Angela Cole

Published: 00:01, 23 November 2013

Mavis Woodger is angry about her neighbour's hedge and tree

An elderly woman is refusing to pay her council tax in an attempt to have her say on an ancient “right to light” in court.

Mavis Woodger, 83, of Greenside, Maidstone, stopped making payments in September, in protest against an eight-year battle over a hedge between her home and a neighbouring property.

Mrs Woodger, a widow, originally complained to Maidstone council about the leylandii trees in 2007, claiming they restricted her established right to light.

Under English civil law, households have entitlements if the light has been constant for more than 20 years.

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Her appeal was rejected and in 2008 the local government ombudsman dismissed the claim.

But Mrs Woodger said: “I cannot grow my plants where the hedge is now, it blocks out my light in my front room, and I have cracks in my paving.

“I have a right of light and I should be able to use my land. I have lived in this house for 50 years, and my enjoyment of my property is not the same because of this. My life is not the same.”

Mrs Woodger now hopes to highlight the issue in front of magistrates if she receives a summons for non-payment of her council tax.

She says an inspector who visited her property was dismissive and spent only a few minutes examining the hedge.

Mavis Woodger is angry about her neighbour's hedge and tree

The wrangle is part of a long-running dispute between Mrs Woodger and her next-door neighbours, Gary and Clare Gilby.

Mrs Gilby has photographs which show the hedge was much higher than present in the 1980s, as her husband lived in a house opposite when growing up.

“I cannot grow my plants where the hedge is now, it blocks out my light in my front room, and I have cracks in my paving" - Mavis Woodger

She added: “We keep the hedge at 2 metres – we wouldn’t want it any taller because it would restrict the light.”

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Maidstone council has told Mrs Woodger she will no longer get a response if she gets in touch in relation to the issue, as it has been dealt with.

A spokesman said: “Maidstone council investigated Mrs Woodger’s complaint about her neighbour’s front garden hedge in 2007.

"At 2.1 metres in height, it was decided that it was not adversely affecting Mrs Woodger’s enjoyment of her property, and this decision was upheld by the Planning Inspectorate.

“If Mrs Woodger wishes to pursue a right to light, she can do so as a civil matter; the council has no legal powers to get involved.”

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