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):

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

Department of the Environment

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Department of the Environment

Report for Ministerial Meeting

1. Application Number

HH/2013/1660

2. Site Address	The Riddings, La Grande Route des Sablons, Grouville, JE3 9FR.

3. Applicant	Dr K R Greene

4. Description	Reduce height of trees on eastern boundary.

5. Type	Major Application

6. Date Validated	25/11/2013

7. Zones & Constraints	Built-Up Area Eastern Cycle Route Corridor
Summary	This is a High Hedge complaint which relates to a row of Leylandii trees which are located on the eastern boundary of the property known as ‘The Riddings’. The Department accepts the arguments made by the complainant, specifically that the trees (which, for the purposes of the High Hedges legislation, do constitute a hedge) do adversely affect the reasonable enjoyment of the occupants of the property known as ‘La Cochere’ by virtue of loss of light. Accordingly, the Department recommends that a Remedial Notice be issued to the owner of the hedge, which requires it to be cut back and maintained at a lower height on an annual basis (as set out below).
Department Recommendation	In line with the guidance from the Chartered Surveyor, the Department recommends that a Remedial Notice be issued, requiring that the height of the hedge be maintained to a height which is level with the ridge height of the dormer windows located on the western elevation of ‘La Cochere’ to the east of the site.

8. Site Description & Existing Use	The Riddings is a detached property set on a generous plot located on the northern side of Fernlea Drive - a narrow drive way off La Grande Route des Sablons, Grouville. The drive way provides access to a cluster of residential units located within this Built-Up Area Zone. The complainant’s property, La Cochere, is located on the adjacent plot to the east. The hedge, subject to this complaint, is predominantly a Leylandi, and is located on the shared boundary located between these two properties.

9. Complainant’s Case	Mr Kevan Greene, the complainant and owner of La Cochere, in his application form and letter of the 21st January 2014, objects to the height of the hedge located at the western boundary of his property. The grounds of the complaint can be summarised as:- Creating poor light in the main living room and several bedrooms. Raising safety concerns. The main branches of the hedge over grow onto La Cochere’s land, creating tree leaves and debris. Further, by way of background information the complainant purchased La Cochere in 2003 but at that point although the trees existed they were not high. However, they have during the intervening years continued to grow upward and outward at quite a pace. In 2012 Mrs Ashton, the owner of The Riddings, had 10ft to 15ft removed from the top of the hedge which illustrates the continuing growth of the trees. The hedge is in close proximity to the boundary which means that it grows across the garden and towards the main house. The overhanging branches were so excessive a year ago that it cost the complainant £1,000 to have them cut back to the boundary. The complainant is of the view that Mrs Ashton, the owner, should keep them below the decided height and be required to maintain the hedge to ensure that branches do not spread over to La Cochere, thereby reducing the concerns over loss of light and safety.

10. Hedge Owner’s Case	The case of the hedge owner, Mrs E Ashton, as outlined in her letter of the 11th November 2013, can be summarised as:- “Permission was given for Mr Greene to cut back the overhanging branches on several occasions – the last being February 2013. However, in this instance they were so severely cut back that an independent Tree Surgeon and Conrad from Trees for Life have advised that the trees may go into shock and die”. On the matter of safety - “the fact that the trees survived unprecedented storms is testament to the fact that they are healthy and in good condition and given that all the weight is now on my side they pose no threat to La Cochere”. Regarding the height – “last Autumn I had 10-15ft taken of the top of the hedge”. In terms of privacy, ”the vigorous cutting back of the hedge has resulted in our property being exposed more”. In terms of light, “the trees have been there for a long time prior to the building of your house”. “Any further cutting of the hedge would be detrimental to the trees”.

11. Consultations

NSJ Chartered Surveyor’s in the letter dated 20th December 2013 recommend an overall reduction in the height of the hedge to 2.26m. It is not clear if this includes the eucalyptus tree located behind the hedge.

The Chartered Surveyor notes that the height of the hedge to be 10.44m for the full length of the shared boundary between the two properties when measured from the datum point (the garden level of La Cochere). The eucalyptus tree which is located on the south/east corner of The Ridding’s garden, behind the hedge is measured at 11.71m above datum.

The Natural Environment Team in their letter of the 18th December 2013 state:-

“This planting is of limited ecological value with incidental potential for nesting birds. Reduction in height of this planting would only impact on nesting birds using these plants at the time of pruning. The long term implications of a reduction in height would be negligible providing work is done in line with the advice given”, and subject to a condition being added for protecting birds & squirrels during the breeding season (March to September).

The States Arboriculturist was consulted on 25th November 2013 but has not submitted formal comment regarding the proposals.

All consultations are attached with the background papers

12. Assessment

The Leylandi hedge is considered to be a high hedge under the High Hedges (Jersey) Law 2008 in that is it formed wholly or predominantly by a line of 2 or more evergreens and rises to a height of more than 2 metres above ground level. The complaint is therefore legitimate as it relates to a High Hedge as defined by the Law.

The supporting documentation submitted by the complainant and the owner of the hedge clearly illustrates that relations have unfortunately become quite strained and that all reasonable steps have been taken to resolve the matters complained of prior to submitting the complaint.

Attempts to resolve the issue by the landowner have only resulted in 10 to 15ft being taken off the original height of the hedge. Further, as stipulated by the hedge owner, Mrs Ashton, permission was also given to Mr Greene to cut back overhanging branches to his property but this has resulted in the hedge being ‘severely’ cut back which may, as advised by Trees for Life, result in the trees going into shock and dying.

The Department notes the recommendation of NSJ Chartered Surveyor to reduce the height of the hedge to 2.26m. However, given the recent pruning action of the hedge taken by Mr Greene and the comments received from Trees for Life in terms of the ‘shock’ the trees may experience if further cut back, it would not seem unreasonable to implement Mr Greene’s suggestion that the hedge be reduced in height for the full width of the shared boundary to a height which is level with the ridge height of the dormer windows located on the western elevation of La Cochere, and not to 2.26m as recommended by NSJ Chartered Surveyors.

This would ensure that the privacy of both the complainant and owner of the hedge would endure and that the vigour of the hedge continues.

All letters of representation and responses are attached with the background papers

13. Conclusion

The High Hedges (Jersey) Law 2008 requires the Minister to determine:-

‘Whether the reasonable enjoyment of property, for domestic purposes, is being adversely affected by the height of a high hedge on land owned or occupied by another person’.

Having regard to all material considerations, the Department’s view is that the Leylandi hedge on the boundary of The Riddings and La Cochere does adversely affect the reasonable enjoyment of the complainants’ property. Accordingly, the Department recommends that action be taken in order to address this problem under the provisions of the High Hedges legislation.

The proposed reduction in the height of the Leylandi hedge - to be level with the ridge height of the dormer windows located on the western elevation of La Cochere and cutting back of branches, which over hang onto La Cochere’s land, on an annual basis is considered to be a reasonable outcome for all parties. It would ensure that sufficient privacy is maintained between the relevant properties; that sufficient light is enjoyed by the residents of La Cochere and that the vigour of the hedge is maintained.

14. Officer Recommendation	Issue Remedial Notice as per below.

15. Remedial Notice Conditions	1. 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 the dormer windows located on the western elevation of ‘La Cochere’ to the east of the site. 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 dormer windows located on the western elevation 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), by 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.


16. Background Papers	1:2500 Location Plan Two consultation responses: NSJ Chartered Surveyors & Natural Environment Submissions from Complainant (Mr K. Greene): 16.03.13; 09.04.13; 22.05.13;30.10.13; 05.11.13; 21.11.13 & 21.01.14 Submission from the high hedge owner (Ms E Ashton) – 11.11.13 Letter from Jersey Trees for Life – June 2013 Letter from VH Pallot & Sons Ltd – Oct. 2013