Fields 654A and 655, Temple View, St Martin: High Hedge Complaint

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A decision made on 12 November 2010 regarding the upholding of a high hedge complaint

Decision Reference: MD-PE-2010-0117			Application Number: HH/2009/2220
Decision Summary Title :	Fields 654A & 655, Temple View, La Rue des Marettes, St. Martin		Date of Decision Summary:		09/11/2010
Decision Summary Author:	Planner – L. Davies		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)		Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:		Planner – L. Davies
Written Report Title :	Fields 654A & 655, Temple View, La Rue des Marettes, St Martin		Date of Written Report:		03/11/2010
Written Report Author:	Planner – L. Davies		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)		Public
Subject: Fields 654A & 655, Temple View, La Rue des Marettes, , St. Martin, , Reduction in height of a hedge row of Holm Oak trees along the northern boundary of Fields 654A & 655, St. Martin
Decision(s): Uphold the High Hedge Complaint in respect of the hedge along the roadside boundary of Field 654A. On 05/11/2010 the Minister considered a departmental report which had been updated to reflect the additional details received since the previous public Ministerial meeting of 28/05/2010. The additional background papers were attached to this report. On 05/11/2010 the Minister also undertook a site visit accompanied by the case officer. Thereafter, having regard to all material considerations, the Minister resolved to uphold the high hedge complaint and to require that remedial action be undertaken, in respect of the hedge along the roadside boundary of Field 654A, in accordance with the department’s recommendation. The following action is to be required: a) Initial action The Minister requires the following steps to be taken in relation to the hedge before the end of the period specified in paragraph 4 below: Reduce the height of the Holm Oak trees (the hedge) along the roadside boundary of Field 654A to a height not exceeding 7.0 metres above ground (tree base) level along the whole of its length along the roadside field boundary; b) Preventative action Following the end of the period specified in paragraph 4 below, the Minister requires the following steps to be taken in relation to the hedge: The hedge shall be maintained along its length at a height not exceeding 8.0 metres above ground (tree base) level. The initial action specified above must be complied with, in full, within three months.
Reason(s) for Decision: The Minister adjudged that the hedge along the roadside boundary of Field 654A, by virtue of its height, adversely impacts upon the complainants’ reasonable enjoyment of their property for domestic purposes.
Resource Implications: Potential third party appeal
Action required: Notify Agent, Applicant and all other interested parties
Signature: Senator F E Cohen		PLeg / PT Initials		Position: Minister for Planning and Environment
Date Signed:				Date of Decision (If different from Date Signed):