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High Hedge: Clairmont, La Ruelle de St. Clair, St. Lawrence.

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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A decision made (16/01/2009) regarding: High Hedge: Clairmont, La Ruelle de St. Clair, St. Lawrence.

Decision Ref:

MD–PE–2008-0253

Subject:

High Hedge: Clairmont, La Ruelle de St. Clair, St. Lawrence

Decision Summary Title:

DS - High Hedge: Clairmont, La Ruelle de St. Clair, St. Lawrence

DS Author:

Kevin Pilley, Assistant Director

DS Date:

14 November 2008

DS Status:

Public

Written Report Title:

WR – High Hedge: Clairmont, La Ruelle de St. Clair, St. Lawrence

WR Author:

Kevin Pilley, Assistant Director

WR Date

02 October 2008

WR Status:

Public

Oral Rapporteur:

Kevin Pilley, Assistant Director

Decision(s):

The Minister for Planning and Environment determined that a remedial notice be issued requiring the appropriate maintenance of the Leyland cypress hedge at Clairmont, Ruelle de St Clair, St Lawrence.

The Minister also determined that the Notice should specify the following:

  1. Initial action

Reduce the width of the hedge along that part of the hedge adjacent to the western single-storey extension of Treetops, where it is above the height of the wall forming the western boundary between the properties, such that it is not less than 2m from the western elevation of the single-storey extension of Treetops.

  1. Preventative action

The hedge to be maintained at a height not exceeding:

  1. 4m above ground level (measured from the frontage of Treetops) along that part of the hedge adjacent to the western single-storey extension of Treetops;
  2. 7.7m above ground level (measured from the frontage of Treetops) along the remainder of the hedge.

The width of the hedge to be maintained, along its length, such that it does not overhang the land comprising Treetops.

Reason(s) for Decision:

Taking all of the relevant factors into account, it is considered that whilst the considerable height of the Leyland cypress hedge adjacent Treetops does cause some harm to the residential amenity that the occupiers of the dwelling might reasonably expect to enjoy, this has to be balanced against the privacy of the hedge owner and occupier of Clairmont.

Justification for the specification of the Notice is as follows:

1. Initial action

The hedge is required to be reduced in width along this section of its length to reduce the adverse impact upon the western elevation of the single storey extension of Treetops.

2. Preventative action

To ensure that the hedge does not grow to such a height that it causes harm to the residential amenity of Treetops

Legal and Resource Implications:

The Minister is empowered to determine this application under the High Hedges (Jersey) Law 2008

Action required:

  1. Issue a remedial notice to the hedge owner and complainant
  2. update the register of remedial notices

Signature:

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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