The owner states that the trees in question have a general beneficial impact on the neighbourhood generally (both environmentally and in terms of the character of the area). Following the 1987 hurricane, which resulted in the loss of a number of trees, they worked hard at replacing them, and they would very much regret the loss of more mature trees. It is suggested that Mrs Lees has never specified which trees are the cause for concern. The trees form part of a long-established double row of specimen trees which line the driveway to Temple View. The owners state that they recall speaking with Mr and Mrs Lees, prior to their purchase of Lynton, pointing out to them that Lynton was both low-lying and already shaded by the trees. Mr Lees is said to have stated that he was quite happy with this situation, and indeed the purchase went ahead. The trees provide the owners with privacy and contribute to their enjoyment of their property by reducing noise and pollution from the road. They also contribute a number of important environmental and ecological benefits i.e. helping carbon reduction, improving rural character and providing wildlife habitats. Finally, it is suggested that the Holm Oaks do not in fact form an impenetrable barrier to light, particularly at lower levels. However, were they to be reduced in height, then this would likely result in more vigorous growth at lower level resulting in a more solid appearance below this height. Further Submissions subsequent to 28/05/2010 meeting Mr Brimacombe has since submitted a very substantial document in support of his case. This contains a legal opinion in respect of the applicability of the High Hedge Law in this instance which concludes that, having regard to all relevant considerations, the complaint is not justified in this instance. A report is also submitted from Mr and Mrs Brimacombe which states that the department’s recommendation should be overturned and the complaint dismissed on several grounds. These grounds are clearly set out within the report. As part of this document, a set of detailed topographical land survey drawings have been submitted (survey commissioned by Mr Brimacombe), together with further evidence including photographs, a report on red squirrels from the JSPCA, a tree report from Jersey Trees for Life, a bat survey from the Jersey Bat Group, an earlier letter from Jersey Trees for Life (dated 12/12/2008) in connection with their Jersey Hedgerow Campaign, and also a letter from Geoffrey Wills Associates Chartered Surveyors. A full copy of this document has been included within the background papers. |