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A decision made (16.01.09) to issue a remedial notice requiring a reduction in the height of hedge adjacent to haut des arbres.

Decision Ref:	MD–PE–2008-0254
Subject:	High Hedge: La Perruque, La Route D' Ebenezer, Trinity
Decision Summary Title:	DS - High Hedge: La Perruque, La Route D' Ebenezer, Trinity
DS Author:	Kevin Pilley, Assistant Director
DS Date:	16 January 2009	DS Status:	Public
Written Report Title:	WR – High Hedge: La Perruque, La Route D' Ebenezer, Trinity
WR Author:	Kevin Pilley, Assistant Director
WR Date	01 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 and Monterey cypress hedge adjacent Haut des Arbres, Route D’Ebenezer, Trinity The Minister also determined that the Notice should specify the following: 1 Initial action Reduce the hedge to a height not exceeding: a) two metres below the ridge height of Haut des Arbres, along that part of it adjacent to the dwellinghouse of Haut des Arbres; b) the ridge height of Haut des Arbres, along that part of it adjacent to the garden of Haut des Arbres, which lies to the south Reduce the width of the hedge such that: c) it is not less than 1m from the western boundary of Haut des Arbres 2 Preventative action The hedge to be maintained at a height not exceeding: a) 1m below the ridge height of Haut des Arbres, along that part of it adjacent to the dwellinghouse of Haut des Arbres; b) 1m above the ridge height of Haut des Arbres, along that part of it adjacent to the garden of Haut des Arbres, which lies to the south The hedge to be maintained at a width such that c) it does not overhang the land comprising Haut des Arbres 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(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 Haut des Arbres, and that there are no overriding privacy, public amenity, landscape or wildlife objectives which would mitigate against any such action. Any management of the hedge, however, needs to ensure that it remains viable and this will serve to limit the extent of works that can be undertaken. Justification for the specification of the Notice is as follows: 1. Initial action a) and b) The hedge is required to be reduced to this height to reduce 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, whilst ensuring the survival of the trees c) The hedge is required to be reduced to this width to reduce the problems caused whereby it adversely affects the level of daylight to Haut des Arbres The heights and widths specified also acknowledge that the hedge will re-grow and have been set to ameliorate the extent of the problem. 2. Preventative action To ameliorate the loss of light to the garden and dwelling of Haut des Arbres, whilst ensuring the survival of the trees. 3 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):	16 January 2009

Remedial Notice - High Hedge: La Perruque, La Route D'Ebenezer, Trinity

Planning and Environment Department

Planning and Building Services

South Hill

St Helier, Jersey, JE2 4US

Tel: +44 (0)1534 445508

Fax: +44 (0)1534 445528

Planning and Environment Department

High Hedge Report

Application Number

HH/2008/1315

Site Address	La Perruque, La Route D' Ebenezer, Trinity.

Complainant	Mr & Mrs N Tingley, Haut des Arbres, Route D’Ebenezer, Trinity

Hedge owner/ occupier	Mr and Mrs DE Humberstone Meadow Farm, Rue de la Fontaine, Trinity

Description	Predominantly Leyland cypress hedge, up to 19m high, on western side of property causing loss of light.

Date Validated	13/06/2008

Planning policy and legal context	The site is in the Countryside Zone. There are no known legal constraints

Complainant’s case	The complainant’s state that for many years they have suffered loss of light to their house and garden resulting in the need to use lights in the west-facing rooms and suffering shade to the house, patio and garden from late afternoon. The hedge did not exist when their house was built in 1965 (it was planted in 1967). They also state that the trees pose a danger in windy conditions and that debris from the trees falls onto their garden, patio and gutters. These latter points are not material to the matter of deciding whether the hedge creates a problem of loss of light.

Owner’s case	The owners consider their trees to be an impressive feature in the landscape of benefit to wildlife and rural amenity. They advise that the trees were planted in 1967 following consultation with the Department of Agriculture. The owners acknowledge that their trees reduce the afternoon light to the complainant’s property. The owners propose to address this matter by removing alternate species from the hedge such that it might fall outwith the definition of a high hedge. They do not propose to undertake this work until the autumn/ winter. This proposal is not material to the Minister’s deliberations in that; the Minister is obliged to consider the situation as it exists presently relative to the complaint that has been made and; it cannot be known that the proposed work would render the remaining trees outwith the definition of a high hedge until the work has been undertaken.

Consultations	Surveyor’s report The surveyor’s report indicates that the hedge is approximately 19m high hard against the western boundary of the complainant’s property and it is approximately 2.7 m away from the western elevation of the complainant’s dwelling. Its total length is approximately 38 metres and it is adjacent to both the house and the garden of Haut des Arbres (the complainant’s house). 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 2.75 metres is likely to block too much from the complaint’s dwelling and that;  any hedge above a height of 5.10 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 predominantly comprised of Leyland cypress with one Monterey cypress. The trees have grown to a considerable height, and also overhang the boundary of Haut des Arbres. Their management needs to take account of the fact that the trees have died back at lower levels and that any management does not serve to kill the trees as a resulting of cutting back to deadwood.

Appraisal	The hedge was planted after the complainant’s moved in to their property. It would appear that it has not been managed since being planted over 40 years ago. The hedge provides no privacy of benefit to the hedge owner (who lives approximately 240m away to the SW) or any other residential property. These evergreen non-native trees were originally planted as a shelter-belt to a copse of deciduous trees. The deciduous trees are now established. Whilst these evergreen trees are undoubtedly a feature of the rural landscape, they are non-native, of limited wildlife value and are not publicly prominent. 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 Haut des Arbres 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 Haut des Arbres 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 and its function as a shelter-belt is now largely defunct owing to the establishment of the deciduous trees it was designed to protect. 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 Haut des Arbres, and that there are no overriding privacy, public amenity, landscape or wildlife objectives which would mitigate against any such action. Any management of the hedge, however, needs to ensure that it remains viable and this will serve to limit the extent of works that can be undertaken.

Officer Recommendation	Issue a remedial notice requiring a reduction in the height of the Leyland and Monterey cypress hedge adjacent Haut des Arbres, Route D’Ebenezer, Trinity

Remedial Notice conditions and reasons	1. Initial action Reduce the hedge to a height not exceeding: a) The ridge height of Haut des Arbres, along that part of it adjacent to the dwellinghouse of Haut des Arbres; b) 12m, along that part of it adjacent to the garden of Haut des Arbres, which lies to the south Reduce the width of the hedge such that: c) it is not less than 1m from the western boundary of Haut des Arbres Reason a) and b) The hedge is required to be reduced to this height to reduce 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, whilst ensuring the survival of the trees c) The hedge is required to be reduced to this width to reduce the problems caused whereby it adversely affects the level of daylight to Haut des Arbres The heights and widths specified also acknowledge that the hedge will re-grow and have been set to ameliorate the extent of the problem. 2. Preventative action 2 The hedge to be maintained at a height not exceeding: a) 1m above the ridge height of Haut des Arbres, along that part of it adjacent to the dwellinghouse of Haut des Arbres; b) 13m, along that part of it adjacent to the garden of Haut des Arbres, which lies to the south The hedge to be maintained at a width such that c) it does not overhang the land comprising Haut des Arbres Reason To ameliorate the loss of light to the garden and dwelling of Haut des Arbres, whilst ensuring the survival of the trees. Time for compliance 3 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 July 2008 Ecologist’s report dated 08 July 2008 EXEMPT 3.2.1 (a)(i) and (b) Hedge owner’s representations dated 05 August 2008 and 04 September 2008

Endorsed by:

Date: