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Issuing of High Hedge remedial notice for The Willows, Le Chemin des Pietons, St. Brelade

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 (21.11.2008) to issue a remedial notice requiring a reduction in the height of the hedge adjacent to Le Chemin des Pietons, St. Brelade.

Decision Ref:

MD–PE–2008-0141

Subject:

High Hedge: The Willows, Le Chemin des Pietons, St Brelade

Decision Summary Title:

DS - High Hedge: The Willows, Le Chemin des Pietons, St Brelade

DS Author:

Kevin Pilley, Assistant Director

DS Date:

14 November 2008

DS Status:

Public

Written Report Title:

WR – High Hedge: The Willows, Le Chemin des Pietons, St Brelade

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 a reduction in the height of the hedge adjacent Le Chemin des Pietons, St Brelade.

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

1. Initial action

a) Reduce the hedge to a height not exceeding five metres above ground level along the whole of its length;

b) Reduce the width of the hedge by cutting it back to suitable growth points

2. Preventative action

The hedge to be maintained, along its length, so that at no time does it exceed a height of six metres above ground level

3. Time for compliance

The initial action, at 1. above, shall be complied with in full within three months of the date when this Notice comes into effect.

Reason(s) for Decision:

Taking all of the relevant factors into account, it is considered that the considerable height of the Leyland cypress hedge adjacent Le Chemin des Pietons is such that it causes harm to the residential amenity that the occupants of 1 Springvale Cottage might reasonably expect to enjoy.

Whilst recognising that the hedge does provide some privacy and security to the owner of the Willows, Le Chemin des Pietons, it is further considered that a lower hedge could adequately serve these purposes without detriment to the hedge owner’s reasonable expectations of residential amenity, and that there are no overriding public amenity, landscape or wildlife objectives which would mitigate against a reduction in the height of the hedge.

Justification for the specification of the Notice is as follows:

1. Initial action

The hedge is required to be reduced to this height and width to reduce the problems caused by it whereby it adversely affects the level of daylight enjoyed by principal elevation of the complainant’s property, whilst ensuring the survival of the hedge.

2. Preventative action

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

3. Time for compliance

To provide a reasonable period of time within which the initial action might be carried out

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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