High Hedges (Jersey) Law 2008: Royal Court Rules.

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A decision made (01/06/2009) regarding: High Hedges (Jersey) Law 2008: Royal Court Rules.

Decision Ref:	MD–PE–2009-0095
Subject:	High Hedges (Jersey) Law 2008: Royal Court Rules
Decision Summary Title:	DS – HH Royal Court Rules
DS Author:	Assistant Director
DS Date:	07 May 2009	DS Status:	Public
Written Report Title:	WR –HH Royal Court Rules
WR Author:	Assistant Director
WR Date	07 May 2009	WR Status:	Public
Oral Rapporteur:	Assistant Director
Decision(s):	The Minister for Planning and Environment resolved to express the view to the Court, through the Law Officers, that the Royal Court Rules be amended to make a High Hedges appeal procedurally the same as a planning appeal; the Royal Court Rules be amended to ensure that all interested persons have the right to be involved; the amended Royal Court Rules for High Hedges be subject to a modified procedure to ensure that interested parties are not normally at risk of costs.
Reason(s) for Decision:	The Minister does not wish to discourage those who wish to exercise their right of appeal in respect of the administration of the High Hedges (Jersey) Law 2008 by virtue of the Rules of the Court and/or the risk of costs.
Legal and Resource Implications:	The effect of the Practice Direction for the modified procedure in respect of planning appeals is, in most cases, to deprive the successful party from recovering their costs, unless there are exceptional circumstances. If as a matter of policy the Minister takes the view that High Hedge appeals should be placed on a similar footing to appeals under the modified procedure for planning appeals, then the probability is that the department will not get its costs for most appeals It is relevant to note that the number of appeals anticipated under the High Hedges Law is considered to be low based on the fact that since the introduction of the Law, in January 2008, there have been eight applications made; one of which has resulted in an appeal (from a complainant, where the complaint was dismissed). Costs borne by the department are those related to officer time in preparing the case for appeal: this work will be done by the Department’s Appeals team, with support from the case officer, where required.
Action required:	Notify Law Officers of the Minister’s view, with a request that they communicate such to the Court
Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):