Myrune, La Grande Route de St. Jean, St. John: High Hedge Remedial Notice: Withdrawal and Re-issue

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A decision made 3 October 2016:

Decision Reference: MD-PE-2016-0129

Application Number: HH/2016/0368

(If applicable)

Decision Summary Title

Myrune, La Grande Route de St Jean, St John, JE3 5FN [PLG1][RH2].

Date of Decision Summary:

26 September 2016

Decision Summary Author:

Planner

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title

Withdrawing a High Hedge Remedial Notice and issuing an amended one.

Date of Written Report:

26 September 2016

Written Report Author:

Planner

Written Report :

Public or Exempt?

Public

Subject: The withdrawal of a High Hedge Remedial Notice and the issuing of a new one, in relation to the reduction in height of a hedge, to the property known as Myrune.

Decision(s):

The Minister decided to withdraw the High Hedge remedial notice HH/2016/0368 [PLG3][RH4]issued on 1st June 2016 and issue an amended remedial notice.

Reason(s) for Decision:

At the Ministerial Meeting of 1st June 2016, the Minister considered a High Hedge application which sought to reduce the height of a ‘Golden leylandii’ hedge. A Remedial Notice was issued on 1st June 2016 [PLG5]ordering the reduction of the hedge by approximately 30cm to the same height as the adjoining hedge.

Further to this, the complainant’s Advocate notified the Department in a letter dated 27 July 2016, that an error had been made in the Remedial Notice in that the Minister’s original determination did not specify a measurement of 30cm. Instead, the Minister had only agreed that the hedge be reduced to the same height as the adjoining hedge.

Accordingly, the Minister ordered that the Remedial Notice should be withdrawn and replaced by an amended notice.

Resource Implications:

None

Action required:

The withdrawal of the Remedial Notice dated 1st June 2016 and the issue of an amended Remedial Notice under Article 9(1) (b) to include the following amendment.

2(a)(i) Initial Action shall be amended from:

“Reduce the height of the Cupressocyparis leylandii (Golden leylandii) hedge, for its entire length, along the eastern boundary between the properties known as ‘Myrune’ and ‘5 Allandale Court’ by approximately 30cm to the height of the dark green leylandii adjoining it to the south”

to:

“Reduce the height of the Cupressocyparis leylandii (Golden leylandii) hedge, for its entire length, along the eastern boundary between the properties known as ‘Myrune’ and ‘5 Allandale Court’ to the height of the dark green leylandii adjoining it to the south”

2(b)(i) Preventative Action shall be amended from:

“The Cupressocyparis leylandii (Golden leylandii) (‘the hedge’) shall be reduced in height by approximately 30cm to the height of the dark green leylandii adjoining it to the south and thereafter maintained at this approximate level”

to:

“The Cupressocyparis leylandii (Golden leylandii) (‘the hedge’) shall be reduced in height to the height of the dark green leylandii adjoining it to the south and thereafter maintained at this approximate level”

Signature:

Position:

Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):