Le Feugerel House, 14 Le Feugerel, St. Brelade: High Hedge Complaint (HH2012/0829): Determination of Application

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A decision made 18 February 2013:

Decision Reference: MD-PE-2013-0022			Application Number: HH/2012/0829 (If applicable)
Decision Summary Title :	Le Feugerel House, 14 Le Feugerel, St Brelade, JE3 8HB		Date of Decision Summary:		11/02/2013
Decision Summary Author:	Planner – L Davies		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Planner – L Davies
Written Report Title :	Officer Report – HH/2012/0829		Date of Written Report:		08/01/2013
Written Report Author:	Planner – L Davies		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Le Feugerel House, 14 Le Feugerel, St Brelade, JE3 8HB Description of High Hedge Complaint: “Cut back existing conifer hedge and pine tree on Southern boundary of 12 Le Feugerel.”
Decision(s): Having considered the matter at a public hearing (25/01/2013), and subsequently undertaking a site visit (08/02/2013), the Minister decided to serve a Remedial Notice requiring the owners of the High Hedge to take action.
Reason(s) for Decision: Having regard for all of the relevant considerations, the Minister believes that the High Hedge is adversely affecting the complainants’ reasonable enjoyment of their property. As such, he is satisfied that the serving of a Remedial Notice is justified. The following Remedial Action is required; 1. Initial Action Reduce the height of the Castlewellan ‘golden’ Leylandii (Cupressocyparis Leylandii) and Monterey Cypress (Cupressus Macrocarpa) (‘the hedge’) to the boundary between No. 12 & No. 14 Le Feugerel. Initially, this reduction should be to a height of no greater than eight metres above the driveway of No. 12 Le Feugerel. Thereafter, the hedge should be further reduced to a height of no greater than six metres above the driveway. The timing for these two actions is conditioned below. Reason The hedge is required to be reduced to this maximum height to reduce the problems caused by it, whereby it adversely affects the residential amenity enjoyed by the Complainant, whilst ensuring the survival of the hedge. 2. Preventative Action Following the completion of the two actions outlined in Condition no. 1 above, the hedge shall be maintained such that at no time does it exceed a height of six metres above ground level. Reason To ameliorate the worst impact of the hedge upon the adjacent property whilst seeking to ensure the survival of the hedge. 3. Time for Compliance The initial action (a reduction in height to no greater than eight metres) shall be complied with in full within three months of the date when this Remedial Notice comes into effect. The second action (a further reduction in height to no greater than six metres) shall be complied with no later than 18 months on from the completion of the initial action. Reason To provide a reasonable period of time within which these actions may be carried out.
Resource Implications: None
Action required: Notify Complainant, Hedge-Owner and Hedge-Owner’s representative.
Signature: Deputy R C Duhamel		PLeg / AS Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):