High Hedges (Jersey) Law 2008: Fees.

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A decision made (10/01/2008) regarding: High Hedges (Jersey) Law 2008: Fees.

Decision Ref:	MD–PE–2008-003
Subject:	High Hedges (Jersey) Law 2008: fees
Decision Summary Title:	DS - High Hedges (Jersey) Law 2008: fees
DS Author:	Kevin Pilley, Assistant Director
DS Date:	09 January 2008	DS Status:	Public
Written Report Title:	WR – High hedges: fees
WR Author:	Kevin Pilley, Assistant Director
WR Date	09 January 2008	WR Status:	Public
Oral Rapporteur:	Kevin Pilley, Assistant Director
Decision(s):	The Minister for Planning and Environment determined that; the fee level for the submission of applications under the auspices of the High Hedges (Jersey) Law 2008 be set at £350; and made the draft High Hedges (Application Fee)(Jersey) Order 2008 (draft 1: 09 January 2008)
Reason(s) for Decision:	The principle of the charging of a fee for this new service has been approved by the States and the Minister has determined a level of charge that he considers to be appropriate having regard to all the material factors.
Resource Implications:	The Department will not secure any additional revenue budget to administer this new law, which effectively represents a new service, so it is considered important that the level of fee is set so that the department can recover as much of its costs as possible whilst still ensuring that the service remains accessible. The department will need to buy in some external resource to assist with the administration of the new law in relation to site measurement and arboricultural advice.
Action required:	The States Greffe to be notified of the making of the Order so that it can be notified to the States; The fee level is incorporated into information to be issued in respect of making applications about high hedge complaints.
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

High Hedges (Jersey) Law 2008: Fees.

PLANNING AND ENVIRONMENT

High Hedges (Jersey) Law 2008: fees

Purpose of the Report

The purpose of this report is for the Minister to be able to determine a level of fee in relation to the submission of a high hedge complaint under the auspices of the High Hedges (Jersey) Law 2008.

Background

Article 6(1)(b) of the High Hedges (Jersey) Law 2008 enables the Minister to prescribe a fee in respect of the submission of complaints about high hedges.

The Law comes into force on Friday 11 January 2008.

Discussion

The justification for the charging of a fee (the principle of which was unanimously approved by the States when it approved the Law) is that this is a new service where there is a potential individual beneficiary (the complainant) and that it is therefore reasonable that the potential beneficiary should bear the cost of the service provision.

Providing the service could involve the following elements of work:

Site measurement: measuring the relationship of a hedge to a neighbours property;
Arboricultural advice: may need advice about hedge species and whether it can be cut and to what height etc;
Site assessment: planning officer will need to assess issues of privacy and amenity;
Liaison with hedge owner/ complainant: these are going to be very contentious and could involve considerable liaison with each party;
Administration: applications will need to be received, checked, recorded and consulted upon, before reports are produced and a decision made, recorded and communicated;
Appeals: appeals may result in respect of decisions made

The site measurement (surveying element) will need to be 'bought in', and this alone has been estimated that a standard fee might be about £270. Arboricultural advice will also likely need to be secured, probably externally.

All other duties associated with the administration of the new Law could be undertaken by the Department, but Planning and Environment are not getting any additional revenue support to provide this service, so it has to be paid for from somewhere, and should not be 'subsidised' by other application fees or other parts of the department’s revenue budget.

In England, the average fee is about £345 (the highest is £650), however, UK Councils have had their revenue support increased by central Government to administer the service. P&E will not receive any additional revenue budget to provide this new service.

It is acknowledged that the Minister has advised that he would not wish to set a fee level of over £350.

Resource implications

The Department will not secure any additional revenue budget to administer this new law, which effectively represents a new service, so it is considered important that the level of fee is set so that the department can recover as much of its costs as possible whilst still ensuring that the service remains accessible to those who need to use it.

The department will need to buy in some external resource to assist with the administration of the new law in relation to site measurement and arboricultural advice.

Legal implications

Article 6(1)(b) of the High Hedges (Jersey) Law 2008 enables the Minister to prescribe a fee, by Order, in respect of the submission of complaints about high hedges.

Article 6(8) also enables the Minister to make a refund through the fees Order, the extent and circumstances of which may be determined by the Minister.

Consultation

The issue of fees and the potential scale of fees was raised during consultation on the draft legislation. This issue was considered by the Minister during the assessment of the consultation responses.

The introduction and level of new charge has been raised with the Treasury and Resources Department, including the level of charge to be recommended by the Department and the Minister’s view.

Recommendation

On the basis of the above, it is recommended that:

1. a fee level of £500 be established in respect of applications submitted under the auspices of the High Hedges (Jersey) Law 2008 to ensure that the Department is able to recover as much of it’s costs as possible in the provision of this new service, without adversely affecting other areas of the department’s operation;

The Minister’s views on this matter are, however, acknowledged and a draft fees Order has been prepared on the basis of this. It is, thus further recommended that;

2. the Minister approves the draft High Hedges (Application Fee)(Jersey) Order 2008 (draft 1 09 January 2008: attached at appendix 1)

Reason(s) for Decision

The principle of the charging of a fee for this new service has been approved by the States and the Minister has determined a level of charge that he considers to be appropriate having regard to all the material factors.

Action Required

The States Greffe is notified of the decision to approve the Order;

The fee level is incorporated into information to be issued in respect of making applications about high hedge complaints.

Written by:	Kevin Pilley, Assistant Director

Approved by:	Peter Thorne, Director

Attachments:

1. draft High Hedges (Application Fee)(Jersey) Order 2008 (draft 1 09 January 2008:)

1/05/02/04

09 January 2008