High Hedge: Field 1108, Rue du Hurel, Trinity.

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (16/01/2009) regarding: High Hedge: Field 1108, Rue du Hurel, Trinity.

Decision Ref:	MD–PE–2008-0256
Subject:	High Hedge: Field 1108, Rue du Hurel, Trinity
Decision Summary Title:	DS - High Hedge: Field 1108, Rue du Hurel, Trinity
DS Author:	Kevin Pilley, Assistant Director
DS Date:	16 January 2009	DS Status:	Public
Written Report Title:	WR – High Hedge: Field 1108, Rue du Hurel, Trinity
WR Author:	Kevin Pilley, Assistant Director
WR Date	28 October 2008	WR Status:	Public
Oral Rapporteur:	Kevin Pilley, Assistant Director
Decision(s):	The Minister for Planning and Environment determined that a remedial notice be issued requiring a reduction in the height of the Leyland cypress hedge adjacent Belview Farm, Rue du Hurel, Trinity The Minister also determined that the Notice should specify the following: Initial action Reduce the hedge to a height not exceeding 2m, along the entire length of the Leyland cypress hedge; Preventative action The hedge to be maintained at a height not exceeding 3m along the entire length of the Leyland cypress hedge; 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 are compelling reasons to require the reduction in the height of this hedge in order to ameliorate the problems it causes for both the dwelling and the garden of Belview Farm, and that there are no overriding privacy, public amenity, landscape or wildlife objectives which would mitigate against any such action, in addition to which the hedge is in good health and vigour and should be able to withstand a reduction in height. Justification for the specification of the Notice is as follows: 1. Initial action The hedge is required to be reduced to this height to remedy the problems caused whereby it adversely affects the level of daylight and sunlight enjoyed by the western elevation and garden of the complainant’s property. 2. Preventative action To remedy the loss of light to the garden and dwelling of Belview Farm Time for compliance To provide a reasonable period of time within which the initial action might be carried out.
Legal and Resource Implications:	The Minister is empowered to determine this application under the High Hedges (Jersey) Law 2008
Action required:	Issue a remedial notice to the hedge owner and complainant Update the register of remedial notices
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

High Hedge: Field 1108, Rue du Hurel, Trinity.

Planning and Environment Department

High Hedge Report

Application Number

HH/2008/2003

Site Address	Field 1108, Rue du Hurel, Trinity.

Complainant	Mr A Guiney, Belview Farm, Rue du Hurel, Trinity

Hedge owner/ occupier	Mr M Kermin Fairfield Coach House, Rue du Hurel, Trinity

Description	Leyland cypress hedge, up to 7m high, on western side of property.

Date Validated	17/09/2008

Planning policy and legal context	The site is in the Countryside Zone. There are no known legal constraints. There is, however, a legal dispute concerning the ownership of land and a dispute over a boundary between the hedge owner and the complainant. This is not, however, considered to be material to the determination of the high hedge application. The hedge owner’s legal representative has confirmed that the hedge is owned by his client.

Complainant’s case	The complainant’s state that they have suffered loss of light to their house and garden as a result of the presence and height of the adjacent hedge, which is hard against the apparent boundary of their property and within 4 metres of the house itself. This results in the loss of direct sunlight from the lounge and kitchen from midday, as well as affecting levels of daylight. They also state that debris from the trees falls onto their conservatory, causing a loss of light to this room. The hedge did not exist when they acquired an interest in their property.

Owner’s case	The owner sets out no case relating to the value or function of the hedge itself and simply refers to the long-running boundary dispute between the two parties. This is not considered to be material to this application on the basis that the ownership of the hedge itself is undisputed. The hedge would appear to provide no privacy or screening of value to the owner in that he lives to the south of Rue du Hurel, and it does not benefit any other property in this respect.

Consultations	Surveyor’s report The surveyor’s report indicates that the hedge is approximately 7m high hard against the apparent western boundary of the complainant’s property and it is approximately 4 m away from the western elevation of the complainant’s dwelling. Its total length, where it abuts the complainant’s dwelling, is approximately 30 metres and it is adjacent to both the house and the garden of Belview Farm (the complainant’s property). Taking into account factors relating to the aspect of the hedge; the orientation of principal windows of the complainant’s dwelling; and its relationship to the complainant’s garden, the report states that; any hedge above a height of 2.93 metres is likely to block too much light from the complaint’s dwelling and that; any hedge above a height of 6 metres is likely to block too much light from the complainant’s garden. This report is based on the methodology set out in Hedge height and light loss (2004) Paul J. Littlefair: BRE. Ecologist’s report The Ecologist advises that there is no ecological reason to maintain this row of leylandii. Arboriculturalist’s comments The Arboriculturalist advises that this hedge is comprised of Leyland cypress of good health and vigour.

Appraisal	The hedge was planted after the complainant’s moved in to their property and it would appear that it has not been managed: it has grown unchecked in both height and width. The hedge provides no privacy of benefit to the hedge owner (who lives to the south of Rue du Hurel) or any other residential property. Whilst these evergreen trees are undoubtedly a feature of the rural landscape, they are non-native, of limited wildlife value and do little to enhance the character of the countryside in this location, other than provide some screening of buildings. It is evident, on the basis of the details of the complaint; the site assessment; photographic evidence and a survey of the site, that the current height of the hedge adjacent Belview Farm adversely affects the residential amenity of the complainant in terms of being able to have reasonable enjoyment of both their garden and their dwellinghouse.

Summary/ conclusions	Taking all of the relevant factors into account, it is considered that the considerable height of the Leyland cypress hedge adjacent Belview Farm is such that it causes harm to the residential amenity that the occupiers of the dwelling (including the garden) might reasonably expect to enjoy. The hedge does not serve to provide any privacy. Whilst it is undoubtedly a large feature in the landscape, it fails to enhance the local character or identity of the Trinity countryside, has little public value and is of limited value to wildlife. On the basis of the all of the above, therefore, it is considered that there are compelling reasons to require the reduction in the height of this hedge in order to ameliorate the problems it causes for both the dwelling and the garden of Belview Farm, and that there are no overriding privacy, public amenity, landscape or wildlife objectives which would mitigate against any such action, in addition to which the hedge is in good health and vigour and should be able to withstand a reduction in height.

Officer Recommendation	Issue a remedial notice requiring a reduction in the height of the Leyland cypress hedge adjacent Belview Farm, Rue du Hurel, Trinity

Remedial Notice conditions and reasons	1. Initial action Reduce the hedge to a height not exceeding: 2m, along that part of it adjacent to and to the south of the dwellinghouse of Belview Farm; 5m, along that part of it adjacent to the garden of Belview Farm, which lies to the north of the dwellinghouse Reason a) and b) The hedge is required to be reduced to this height to remedy the problems caused whereby it adversely affects the level of daylight and sunlight enjoyed by the western elevation and garden of the complainant’s property. 2. Preventative action The hedge to be maintained at a height not exceeding: 3m along that part of it adjacent to and to the south of the dwellinghouse of Belview Farm; 6m, along that part of it adjacent to the garden of Belview Farm, which lies to the north of the dwellinghouse Reason To remedy the loss of light to the garden and dwelling of Belview Farm. 3. 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 To provide a reasonable period of time within which the initial action might be carried out.

Background papers	1:1000 Location Plan 1:1000 Aerial photo Powerpoint presentation Surveyor’s report dated September 2008 Ecologist’s report dated 22 September 2008

Endorsed by:

Date: