The Riddings, La Grande Route des Sablons, Grouville: Reduce height of trees on eastern boundary (HH/2013/1660): Determination of application by Minister

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A decision made 17 March 2013:

Decision Reference: MD-PE-2014-0020

Application Number: HH/2013/1660

(If applicable)

Decision Summary Title :

The Riddings,

La Grande Route des Sablons, Grouville

Date of Decision Summary:

11th March 2014

Decision Summary Author:

Planner

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Oral and written

Person Giving

Oral Report:

Planner

Written Report

Title :

HH/2013/1660

Date of Written Report:

24th February 2014

Written Report Author:

Planner

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: The Riddings, La Grande Route des Sablons, Grouville, Jersey, JE3 9FR

Reduce height of trees on eastern boundary.

Decision(s):

Following a Ministerial meeting held in public on the 24th February 2014, the Minister deferred the item for accompanied site visits with the planning officer to the complainant and high hedge owner’s properties. The site visits then took place on the 6th March 2014. Following the site visits an internal meeting on the 11th March 2014 was held and the Minister decided:-

That the high hedge (Leylandi) (although now cut back on the eastern boundary) had from the photographic evidence received and discussions held with the relevant parties created loss of light which had adversely affected the reasonable enjoyment of the complaints property known as ‘La Cochere’, located to the east of the hedge owners property, ‘The Riddings’.

The Minister resolved to:-

Uphold the High Hedge Complaint but resolved to make amendments to Initial Actions 1 & 2 to read:-

Action 1: To reduce the height of the leylandi hedge along the eastern boundary to a height which is level with the ridge height of the main house roof of La Cochere and not to the ridge height of the dormer windows on the west elevation of La Cochere as originally recommended.

Action 2: The Leylandi (‘the hedge’) shall be maintained so that at no time does it exceed the ridge height of the main house roof of La Cochere when measured from its root base at ground level.

Reason(s) for Decision:

The recent cutting back of the leylandi hedge along the boundary to La Cochere had significantly removed the previous loss of light concerns raised. Retaining slightly more height to the leylandi hedge would not now unduly affect the light levels and amenities of the residents of La Cochere now that significant pruning had occurred and would also ensure that the private amenities of the residents to both properties was retained.

Initial Action

Reduce the height of the Leylandi hedge, for its entire length along the eastern boundary of ’The Riddings’, to a height which is level with the ridge height of main house roof of the property known as ‘La Cochere’, located to the east ‘The Riddings’.

Reason

The hedge is required to be reduced to this maximum height to reduce the problems caused by it, whereby it adversely affects the level of daylight enjoyed by the Complainant, whilst ensuring the survival of the hedge.

2. Preventative Action

The Leylandi (‘the hedge’) shall be maintained so that at no time does it exceed the ridge height of the main house roof of La Cochere when measured from its root base at ground level. Further, branches which over hang the property, La Cochere, shall be cut back annually by a suitably competent person (tree surgeon), at cost to the hedge owner.

Reason

To ameliorate the impact of the hedge upon the adjacent property whilst seeking to ensure the survival of the hedge.

3. Time for Compliance

The Initial Action (1) shall be complied with in full within three months of the date when this Notice comes into effect.

Reason

To provide a reasonable period of time within which the Initial Action may be carried out.

INFORMATIVE:

Notwithstanding the time frame set out above the applicant’s attention is drawn to the comments set out by the Natural Environment Department dated 18th December 2013 as regards to the breeding & nesting periods of birds and squirrels.

Resource Implications:

Action required:

Issue Remedial Notice to Owner and Notify Complainant.

Signature:

Deputy R C Duhamel

PLeg / AS Initials

Position:

Minister for Planning and Environment

Date Signed:

Date of Decision (If different from Date Signed):