Le Fromentel, La Grande Route de la Cote, St. Clement: High Hedge Reduction Application (HH/2013/1321) determined by Minister

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A decision made 16 January 2014:

Decision Reference: MD-PE-2014-0005			Application Number: HH/2013/1321 (If applicable)
Decision Summary Title :	Le Fromentel, La Grande Route de la Cote, , St. Clement, Jersey.		Date of Decision Summary:		15th January 2014
Decision Summary Author:	Planner - G Way		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:		Director of Planning & Planner
Written Report Title :	Report for Ministerial Meeting HH/2013/1321		Date of Written Report:		22nd November 2013
Written Report Author:	Planner - G Way		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Le Fromentel, La Grande Route de la Cote, , St. Clement, Jersey, JE2 6SD Application to complain about a high hedge.
Decision(s): Following a Public Ministerial Meeting on 6th December 2013, when the Minister deferred the item for an accompanied site visit (which took place on 13th December 2013), at an internal meeting on 13th January 2014 the Minister decided: That both the Holly (Ilex Aquifolium) and the Leylandii (Cupressocyparis Leylandii) hedges are adversely affecting the reasonable enjoyment of the owners of the neighbouring property, known as Melsar. And has resolved to: Uphold the High Hedge Complaint and issue a Remedial Notice to initiate the following: To reduce the height of the Holly Hedge to 3m and for it to be maintained at 3.5m. To reduce the height of the Leylandii to 4.2m and for it to be maintained at 4.2m annually.
Reason(s) for Decision: To ensure that the owners of the neighbouring property Melsar are not adversely affected by the Holly and Leylandii boundary hedges and can reasonably enjoy their property. 1. Initial Action Reduce the height of the Holly (Ilex Aquifolium) (‘the hedge’) along the south west boundary of Melsar to a height not exceeding 3 metres above ground level. 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. Reduce the height of the Leylandii (Cupressocyparis Leylandii) (‘the hedge’) along the north west boundary of Melsar to a height not exceeding 4.2 metres above ground level. 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 Holly (Ilex Aquifolium) (‘the hedge’) shall be maintained as such that at no time does it exceed a height of 3.5 metres above ground level. Reason To ameliorate the impact of the hedge upon the adjacent property whilst seeking to ensure the survival of the hedge. The Leylandii (Cupressocyparis Leylandii) (‘the hedge’) shall be maintained annually and reduced to a height of 4.2 metres above ground level on an annual basis. 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: All works should be carried out in accordance with good arboricultural practice BS3998: ‘Recommendations for Tree Work’. It is recommended that skilled contractors are employed to carry out this specialist work. Notwithstanding the time frame set out above the applicant’s attention is drawn to the comments set out by the Natural Environment dated 15th October 2013 which state the following: If a tree or hedgerow is to be removed, heavily pruned or pollarded during the bird and squirrel breeding season (March to September inclusive) then the tree/hedgerow should be first checked by a competent person (such as a tree surgeon) to determine the presence of any nests that are in use. If any nests are found then work should halt immediately and the Department of the Environment contacted. This is to avoid any accidental infringement of the Conservation of Wildlife (Jersey) Law 2000.
Resource Implications: None
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):