Numbers 1-6 Darwell House form part of a cluster of subdivided properties to the north of la Route Du Petit Close within the built-up area of Trinity. The complainant’s, Mr. & Mrs. Macklin, in their letter dated 31st July 2012 of number 2 Darwell House have objected to the height and width of the boundary Leylandi hedge which is situated to the north of their property. The reasons for objecting can be summarised as: - The height of the hedge at 3.16 metres is restricting light to the rear of their property number 2 Darwell House
- The width of the hedge harmfully encroaches upon their private access path which is impeding proper access to number 2 Darwell House.
The case of the owners of the hedge, Mr. Mrs. Horton’s, as outlined in their letter dated the 16th August 2012 can be summarised as: - The maintenance of the hedge has not been possible because of the building products stored in the access path associated with the current loft conversion at number 2 Darwell House.
- The height of the hedge at it’s current height provides a high degree of privacy for the owners of number 4 Darwell House which is supported by number 1 Darwell House and is consistent with the height of the boundary hedge on the boundary between 4 and 5 Darwell House.
The Chartered Surveyor in the letter dated 10th September 2012 recommends a reduction in the height of hedge. The Chartered surveyor recommends that 1.1m is taken from the height of the tree for 12.5 metres and 0.54 metres is taken off the height of the hedge for 5.2 metres giving a total height of 2 metres for the entire hedge length of the hedge on the southern boundary. The arboriculturist in their letter dated 25th September 2012 has identified that the existing hedge is in good condition and can be reduced hard without significantly harming the appearance/health of the hedge. The annual growth rate is between 30cm to 1m. The Environment Department in their letter dated 22nd August 2012 have raised no objections subject to a condition for protecting birds during the nesting season. The Leylandii hedge is a high hedge under the 2008 Law in that is is 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 broken down 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 management company Darwell Properties LTD have only stipulated that the hedge be cut twice a year (June and October/November) but this does not specify the exact reduction in the height or width of the hedge. The height of the hedge at present which is stepped down for a small section on its western side. The Planning Department accepts the recommendation of the Chartered Surveyor in that the hedge which is 3.10 metres for 12.5 metres of it’s length and 2.54 metres for 5.2 metres of its length is excessive and consequently does lead to a loss of light to the ground floor windows/conservatory of number 2 Darwell House. This is made worse by the difference in gradient between the properties as number 2 is significantly stepped down from the rear amenity area serving number 4 Darwell House. Consequently, it is recommended that the total height of the hedge from datum (ground level) is reduced to 2 metres by removing 1.1 metres from 12.5 metres from its length and 0.54 metres from 5.2 metres of its length. In addition, it is accepted that the 400mm encroachment of the hedge beyond the boundary wall of number 2 Darwell House does create difficulty for persons accessing the site because the path is only 900mm in width. This is problematic for the complainants as the access path is the principle means of accessing their property. It is however accepted that the maintenance of the hedge may have been made more difficult by reason of the building products that have been stored in the access path in association with the loft conversion at number 2 Darwell House, however, it is not accepted that maintenance was impossible and could still have been achieved. However, this is not a matter which can be controlled by the High Hedge complaints process. The proposed reduction in the height of the hedge to 2 metres is considered to be a reasonable outcome for all parties. It would ensure sufficient privacy is maintained between the relevant properties whilst ensuring that an adequate level of light reaches the rear of number 2 Darwell House. The High Hedge Law 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 run of Leylandii along the southern boundary of number 4 Darwell House does adversely affect the complainants’ reasonable enjoyment of their property. Accordingly, the department recommends that action be taken in order to address this problem under the provisions of the High Hedge legislation. | 
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