Government of Jersey

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A decision made 26 March 2010 regarding: Hirondelle, La Ruette des Parcqs, St. Helier - reduction in height of hedge.

Decision Ref:	MD–PE–2009-0014
Subject:	Hirondelle, La Ruette des Parcqs, St Helier
Decision Summary Title :	DS - Hirondelle, La Ruette des Parcqs, St Helier
DS Author:	Kevin Pilley: Assistant Director, Policy and Projects
DS Date:	19 March 2010	DS Status:	Public
Written Report Title :	WR - Hirondelle, La Ruette des Parcqs, St Helier
WR Author:	Kevin Pilley: Assistant Director, Policy and Projects
WR Date	22 January 2009	WR Status:	Public
Oral Rapporteur:	Kevin Pilley: Assistant Director, Policy and Projects
Decision(s):	The Minister for Planning and Environment resolved to issue a remedial notice requiring a reduction and subsequent maintenance of the height of the hedge along that part of the eastern boundary of Les Hirondelles, La Ruette des Parcqs, St Helier which abuts the garden of 12 Jardin de la Hauteur, St Helier. The Minister also determined that the Notice should specify the following: 1. Initial action For the full length of the hedge abutting the garden of 12 Jardin de la Hauteur, St Helier reduce the height of the hedge such that it does not exceed 2.8 metres in height (measured from the ground level in the garden of Hirondelle); 2. Preventative action On two occasions in each calendar year cut the hedge along its full width for the full length of the hedge abutting the garden of 12 Jardin de la Hauteur, St Helier so as to reduce the height of the hedge such that it does not exceed 2.8 metres in height (measured from the ground level in the garden of Hirondelle). Time for compliance The initial action, as specified 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 there is justification to require the reduction of the height of the hedge to ameliorate the problems that they cause for the adjacent dwelling, but that this has to be balanced against privacy and arboricultural considerations. Justification for the specification of the Notice is as follows: 1. Initial action The reduction in the height of the hedge is required to ameliorate the impact of its height upon 12 Jardin de la Hauteur whilst seeking to maintain the privacy of Les Hirondelles, without prejudice to the health and vitality of the hedge itself. 2. Preventative action The hedge is required to be maintained at a height such that the impact of its height upon 12 Jardin de la Hauteur is ameliorated whilst the privacy of Les Hirondelles is maintained, without prejudice to the health and vitality of the hedge itself. 3. Time for compliance To provide the hedge owner with a reasonable period of time in which to comply with the requirements of this Notice.
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):